Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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2024 - 20252

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Tipo de acceso: Acceso abiertoTema: search.filters.subject.LÍDERES INDÍGENAS

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  • Miniatura
    Item type:Ítem,
    El delito de abigeato y la justicia indígena de los ganaderos de la comunidad Salasaka
    (Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-01)
    Masaquiza Pilla, Brayan Andres
    ;
    Vargas Villacrés, Borman Renán
    The indigenous system in Ecuador has protection mechanisms in order to apply its own law based on its ancestral traditions and customs. It is here that the Constitution of the Republic of Ecuador in its Article 171 supports indigenous justice in solutions to internal conflicts guaranteeing the decisions of the indigenous jurisdiction are respected by institutions and authorities. Taking into account the importance of the Magna Carta, the present research aims to determine how the crime of cattle rustling impacts the economic subsistence, cultural identity and fundamental rights of the community, as well as the effectiveness of the ordinary and indigenous justice systems. For this, a type of descriptive research is used that determines the causes of the phenomenon addressed. A mixed method is used that starts from a theoretical-bibliographic-documentary review and the statistical processing of the problem through the application of a questionnaire to the population of Salasaka. The interview guide as a selected instrument is applied to three indigenous leaders. The results reveal that cattle rustling not only affects the family economy based on sheep and cattle farming, but also constitutes symbolic violence against the Salasaka worldview, where cattle have ritual and reciprocal value. The diagnosis carried out contributes to formulating strategic actions that strengthen the legal practice of judicial operators in cultural diversity and respect the due process applied. Concluding that cattle rustling affects the economy, tranquility, security and generates mistrust among the inhabitants of the Salasaka community.
  • Miniatura
    Item type:Ítem,
    El tipo penal de terrorismo para criminalizar lideres indígenas en la protección de los derechos de la naturaleza en Ecuador
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08)
    Tipantasig Espinoza, Evelin Dayana
    ;
    León Trujillo, Edison Santiago
    The criminalization of Indigenous leaders defending nature rights under the terrorism offense in Ecuador poses a severe threat to human rights, democracy, and environmental protection. This practice silences the voices of those who protect our ecosystems and undermines the fundamental rights of Indigenous peoples. Consequently, this research aims to analyze the use of the terrorism offense as a tool to criminalize Indigenous leaders defending nature rights in Ecuador. The study seeks to determine the legal, political, and social impacts of this practice. It examines the application of the terrorism offense under the Comprehensive Organic Criminal Code, the relationship between Indigenous peoples' right to environmental defense and the recognition of nature rights, and the repercussions of criminalizing Indigenous leaders on the protection of these rights. The research was conceptualized under the modality of bibliographic and documentary research, exhaustively reviewing research backgrounds at the national and international levels. The methodology employed in this research is based on a qualitative approach with an exploratory scope. Interviews were applied as a data collection technique, both to criminalized Indigenous leaders and to legal experts and state officials in the legal field. This qualitative approach allowed for obtaining detailed and contextualized information on the criminalization of Indigenous leaders in relation to the terrorism offense in Ecuador. The exploratory scope was employed due to the lack of sufficient prior information on the issue raised, which allowed for exploring and understanding the phenomenon under study. The research reveals a deep disconnect between the criminal legal framework and the recognition of Indigenous peoples' rights in Ecuador. The application of the terrorism offense to Indigenous leaders defending nature generates various negative impacts, including the restriction of freedom of expression and social protest, the demobilization of communities, and the legitimization of state violence. Thus, it is proposed to create measures to ensure that the terrorism offense is used objectively in the legitimate defense of nature rights by Indigenous communities in Ecuador