La justicia Indigéna y la paráctica del pluralismo jurídico

Abstract

Latin America has been facing a context of harmonization and recognition of legal duality for some decades, this implies living in a diverse society, in which Ordinary justice is respected, as well as Indigenous justice registered not only within social conscience but also embodied in the constitutional system that for several years had been limited to cover only part of the population. This monistic thinking has been losing space in the field of legal doctrine since many modern writers who do not conceive the concentration of power in a single body, propose the coexistence of diverse systems, according to the customs and cultures of indigenous peoples and nationalities . Ecuador has managed to confront this constitutional void with the recognition of Legal pluralism in Article 171 of the constitution of the republic of Ecuador that allows indigenous authorities the free practice of indigenous Justice through their ancestral methods, it has also been achieved thanks to the struggle of the indigenous movements in their beginnings by the FEI in the year 1926, which was subsequently replaced by the CONAIE in the year 1986, achieving not only the constitutional recognition but also in organs of lower hierarchy, which allows an adequate functioning of the practice of legal pluralism. This recognition also implies being subject to constitutional control by the highest body that issues resolutions of jurisprudential nature (Constitutional Court) in the case of La Cocha through resolution 113-14-SEP-CC, which limits the actions of leaders indigenous and allows to know based on material competence to the State Bodies, in matters that involve the legal good. Indigenous justice, its forms, its principles, its own right with ancestral techniques are transmitted by essence orally for generations, this technique sometimes controversial but that has the endorsement of human rights and related treaties, provide solution to the conflict from the perspective of restorative justice that allows finding new alternatives towards the search for community harmony.