Los derechos colectivos en la justicia indigena y la justicia ordinaria

Abstract

The collective rights of the communes, peoples and indigenous nationalities of the Ecuadorian state are guaranteed in article 57 of the Constitution of the Republic of Ecuador, one of these rights, such as the exercise of one's own authority in the territories legally recognized by the The law is effective with the application of indigenous justice as determined in Article 171 of the Ecuadorian Constitution, despite that the authorities of the ordinary justice system do not allow the full and effective enjoyment of such right and guarantee that is not only recognized to national level if not internationally through the international treaties and conventions, this occurs because there is no law to coordinate and cooperate between the two systems of justice to avoid the violation of collective rights, its existence being essential, more than that and despite the fact that the two justice systems have the character of If there is no superior or inferior among them, there are laws that subordinate the indigenous justice system to the ordinary justice system, which is why the corresponding reforms are necessary. This investigation intends and is focused on carrying out the reform of Article 161 of the integral Ecuadorian criminal organic code, with the purpose of guaranteeing the full exercise of the collective right to exercise its own authority in the communes of indigenous peoples and nationalities of Ecuador.