Theoretical and practical approaches with respect to the application of indigenous justice in Ecuador

Abstract

The Ecuadorian State is an intercultural and plurinational country constitutionally recognizes the authorities of indigenous communities, peoples and nationalities in the exercise of jurisdictional functions, as long as their procedures are not contrary to the constitution and human rights. It was proposed as the purpose of the investigation to carry out an analysis of the doctrinal, legal and practical position of the application of indigenous justice; due respect for constitutional compliance and human rights. For this, the studies of several experts in the area were addressed and a survey was applied to the leaders of the Community of Perugachi and to the inhabitants of the same. The methodological design used was descriptive research of documentary type allowed to consult bibliographical and digital sources of second hand. Also, it was part of a field investigation, it facilitated obtaining information directly from reality. The techniques and instruments for collecting information, the survey was used as a technique and the questionnaire as an instrument. The results indicated that there are no levels of seriousness of the infractions in the indigenous justice to regulate the imposition of the same sanction applied to the persons considering the circumstances, degrees and damages caused to third parties.