Costumbres, Mitos y creencias de la Justicia indígena y juzgamiento en delitos de homicidioen la Comunidad de Pano, de la Procincia de Napo

Abstract

ABSTRACT

The Ecuadorian constitutional state of law and justice, intercultural and plurinational recognizes the rights of indigenous peoples as subjects of law in the application of their own right in indigenous justice to generate and exercise social control within their jurisdiction.

It is important to mention that the inhabitants of the towns, nationalities and indigenous communities, leave their settlements and migrate to other cities because of the lack of jobs, irrigation water and the low cost of products that lead to sell what makes them difficult The maintenance moving to the urban area where they live precariously losing their roots, customs, clothing, language, parties and the administration of justice.

This research aims to demonstrate that indigenous communities are governed by norms and procedures that maintain collective coexistence, they use conflicts to manage conflicts, choose roles, positions and their authorities, these rules are not written but they comply, they vary with the passing of the Time and if it is transgressed the community is in charge of imposing corrections to maintain the balance in how much it is not contrary to the constitution, and in cases of homicide that are judged in the ordinary justice the sanctions are applied to them according to their myths, traditions and customs.

From the analysis of the statistical data, several conclusions and recommendations were obtained, among them the one to create a normative so that in the cases of indigenous homicide tried by the ordinary justice, new alternatives of sanction based on myths traditions and customs are considered.