La aplicación de la justicia Indígena y la vulneración de Derechos Constitucionales

Abstract

The Constitutional Rights constitute a manifestation in the National Constitutional, of the Human Laws that have been recognized by the international legal instruments. They recognize a set of prerogatives that, in essence, constitute the recognition of the status of being human, manifested in various environments, in which it‟s essential as a sign of civility, the guarantee of a set of faculties that enable integral human development. In indigenous justice in Ecuador, by establishing itself as an autonomous jurisdiction, it implies the possibility of communities, peoples and nationalities to know, prosecute and punish those who violate those acts that violate community norms within their territories and by some member of the community. This recognition of legal plurality in Ecuador is a step forward in the recognition of ancestral cultures, but in terms of rights for those involved, it poses a challenge to the difference in the ordinary indigenous worldview. Thus, the absence of written norms, typical of the rights of these peoples, which is transmitted orally from generation to generation, manifests a set of restrictions on constitutional rights in the prosecution of the violator of the rules, such as the presumption Of innocence, the possibility of proposing evidence, access to defense, proportionality between offense and punishment, so that, in many cases, it contradicts the exception to that jurisdiction. It recognizes the proper administration of indigenous justice, but provided that the human rights recognized in the Constitution and international legal instruments aren‟t violated, an issue that will build the central theme of this study.