El debido proceso y la justicia indígena

Abstract

Indigenous justice today in our country is strengthened, since it is supported by the Constitution as it can be evidenced in article 171 where it guarantees the rights of all indigenous peoples and nationalities, the problem is that Ordinara justice does not respect as such decisions taken within the community , another problem is the ignorance of the rights enjoyed by a community by the fact of being indigenous the same that has been creating conflicts and violation of rights, that is why to apply the indigenous justice must exist a model for the effective execution of it. It also allows to know the competences of the indigenous authority, what types of infringements can know the indigenous authority, know the very bottom of the punishment with water, nettle and whip, know that there is only one type of punishment at the time of issuing a sentence or signing a record. This research also aims to make known, Orient, motivate, value, rescue life, customs, traditions in every aspect of indigenous peoples and nationalities, especially indigenous justice as the main essence for the coexistence of peace in the community and the Pacha Mama. This research is focused on implementing a model where the due process for the exercise of indigenous justice is applied in the community of Cachilvana Grande of the parish Kisapincha, Canton Ambato the same one that under a thorough analysis has been able to see the impact that caused the application of the due process in the indigenous justice.