Browsing by Author "Changobalin Moreta, Jenny Estefanía"

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    Análisis jurídico comparativo de la aplicación de la justicia indígena en Ecuador y Bolivia
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Changobalin Moreta, Jenny Estefanía; Borman Renán, Vargas Villacrés
    The present research topic is of utmost importance as it aims to provide information on how the countries of Ecuador and Bolivia, possessing a diverse cultural heritage and indigenous traditions deeply rooted in their worldview, have managed to incorporate and legitimize their indigenous justice systems in their legal and constitutional frameworks in the current context with the incorporation of legal pluralism in Latin America. The main objective of this study is to analyze the application of indigenous justice in Ecuador and Bolivia in order to identify the similarities, differences and challenges regarding the implementation and regulation of indigenous justice within their respective legal systems. The methodology employed has a qualitative approach, the research combines descriptive, analytical, explanatory and documentary types of study, allowing a deep and contextualized understanding of the topic. Historical and comparative methods were used to examine the evolution and contrast the indigenous justice systems in both countries. Data collection was carried out by applying the technique of bibliographic review of primary sources such as laws and constitutions, and secondary sources such as academic studies. The use of comparative analysis sheets facilitated the systematization and contrast of the information. The result obtained was a comparative study on indigenous justice, revealing how historical, cultural and political factors have significantly influenced the development and implementation of indigenous justice in each country. It is concluded that both Ecuador and Bolivia have made significant progress in the constitutional recognition of indigenous justice, promoting cultural diversity and the autonomy of indigenous communities, but face similar challenges in practical implementation, including the need to strengthen coordination between justice systems to ensure respect for human rights. Consequently, it is recommended that the mechanisms for coordination and dialogue between indigenous and ordinary justice systems be strengthened. It is also suggested to promote intercultural training programs for justice operators that promote respect and inclusion of indigenous jurisdiction