La Intromisión de la justicia ordinaria frente las decisiones de la justicia indígena

Abstract

ABSTRACT: The Ecuadorian State, with the promulgation of the Constitution of the Republic of 2008, recognizes that in Ecuadorian territory there are two ways of administering justice, on the one hand, ordinary or state justice and, on the other, indigenous or customary justice. In this sense, the objective of the investigative work is to determine through legal-bibliographic research the existence of the interference of the ordinary justice system with respect to the decisions of the indigenous justice system in order to indicate whether the customary law of the indigenous peoples and nationalities of the region is guaranteed. Ecuador. Due to these considerations throughout this legal-bibliographic, field, analytical and legal-descriptive research, it has been possible to carry out a methodological analysis under the inductive, dogmatic, analytical-legal and legal-descriptive methods, qualitative, applied under the Likert scale survey research technique of a non-probabilistic intentional convenience sample made up of indigenous justice authorities and judges of constitutional guarantees of Ecuador, through which it has been possible to identify the critical nodes in the interference of the ordinary justice system with respect to the decisions of the indigenous justice system. Concluding with the existence of the interference of the ordinary justice system in the face of the decisions of the indigenous justice system, this is how the research instruments applied to the specific population allow us to demonstrate the aforementioned violation of the rights of the communes, peoples and nationalities of Ecuador; recognizing how the competence and jurisdiction of these groups is ignored without guaranteeing their customary rights.