Jurisprudencia y Ciencias Sociales

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

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2022 - 20262

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Tipo de acceso: Acceso abiertoTema: search.filters.subject.PLURINACIONAL

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  • Miniatura
    Item type:Ítem,
    La subordinación al sistema ordinario y la autonomía de la justicia indígena
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-27)
    Tibán Andrade, Ilia Millaray
    ;
    Saca Balladares, Melinton Fernando
    The present degree project, titled “Subordination to the Ordinary System and the Autonomy of Indigenous Justice,” analyzes the impact that the subordination of the ordinary justice system has on the autonomy of Indigenous justice in Ecuador. Although the Constitution recognizes the country as a plurinational, multicultural, and multiethnic State, structural and administrative limitations persist in practice, restricting the full exercise of Indigenous justice. This discrepancy reveals a gap between normative recognition and its actual implementation, directly affecting the self-determination and governance capacity of Indigenous peoples over their own conflict-resolution mechanisms. The general objective of the research was to examine how the subordination of the ordinary system affects the autonomy of Indigenous justice. To this end, three specific objectives were developed: to theoretically substantiate the subordination of the ordinary system, to analyze its causes, and to identify the regulations governing Indigenous justice. To achieve these, a qualitative methodology was applied, allowing for an understanding of the social, legal, and political dynamics that influence this hierarchical relationship between systems. The results show that the subordination of the Indigenous system is real and is mainly manifested through administrative controls, legal limitations, and procedures that position the ordinary system as a superior authority. Despite the constitutional framework recognizing the coexistence and validity of both systems, the State continues to privilege the Western model of justice, generating jurisdictional conflicts and weakening Indigenous autonomy
  • Miniatura
    Item type:Ítem,
    El derecho a la enseñanza del idioma kichwa y el principio de interculturalidad
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09)
    Lozada Cortez, Nicole Lisbeth
    ;
    Vargas Villacrés, Borman Renan
    Ecuador is proclaimed by the Constitution of the Republic (2008), as an intercultural and plurinational State, which admits the existence of 14 indigenous nationalities that have developed their own language as a natural means of communication. In this context, the Supreme Law recognizes the right that indigenous communities, peoples and nationalities have to receive a relevant education that allows full command of their language. In this way, the Principle of Interculturality in Education proposes the decomposition of linguistic hegemony, with the introduction of at least one ancestral language in the study curricula, Kichwa being an official language of intercultural relations, whose protection reaffirms the right to a bilingual intercultural education. The importance and timeliness of this research has its origin in the Resolution issued by the ONU on December 18, 2019, with which it proclaims the period 2022-2032 as the Decade of Indigenous Languages, in the face of the world crisis that it forecasts. the loss of at least 90% of the linguistic heritage. Due to the above, the present work aims to demonstrate how the right to the teaching of the Kichwa language influences the Principle of Interculturality, for which a bibliographic-descriptive research is carried out, to detail aspects that transcend reality, to through the application of the mixed method, which adapts to the line of exclusion and social integration, allowing to verify the importance of the preservation of ancestral languages in the right to cultural identity and education.