Jurisprudencia y Ciencias Sociales

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

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Autor/a: search.filters.author.Corrales Córdova, Carlos JavierTema: search.filters.subject.JUSTICIA INDIGENA

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    La privación de libertad de las personas indígenas y el proceso penal
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-06)
    Corrales Córdova, Carlos Javier
    ;
    Tite, Ramiro
    Since ancient times in the Republic of Ecuador the indigenous peoples and nationalities have exercised practices and customs based on their customary law, the administration of indigenous justice is part of this right, having its own precepts, objectives, foundations, characteristics and principles, accompanied by an own language, clothing, ideology, worldview, music, religion, beliefs, territory, but all this within a single state that in this case is the Ecuadorian. Indigenous justice, however, exists as a result of a legislative policy decision based on technical or efficiency criteria, but is born of the recognition of a right, whose owner is a collective entity: "the indigenous people", this people has achieved its recognition after a process of several years of struggle, hence the application of the Indigenous Justice is now guaranteed on paper or said otherwise is written although not always applied by the justice operators. When dealing with the issue of Indigenous rights, it must necessarily be taken as a reference or analyze ILO Convention 169 of the International Labor Organization (ILO, 1998, p.45) carries with it the rights, principles and guarantees of the indigenous to the world that surrounds him and that they must be obeyed or of obligatory fulfillment on the part of the operators of justice and that is what I look for with the present investigative work to make apply these norms especially the one of the deprivation of liberty against the indigenous. Freedom is the most precious asset that human beings have for the simple fact that the person is born free from here that criminal justice is responsible for judging those who commit a criminal offense with a sentence such as deprivation of liberty and that is how it operates. ordinary justice, in Ecuador is not the exception, but here it is forgotten that when an indigenous is judged we must take into account Convention 169, especially the part that refers to the fact that when an indigenous person is judged he should be given preferentially a sanction other than imprisonment. In the Republic of Ecuador, justice has taken a long time to address the issue of Indigenous Justice as it was only in 2014 that the famous Cocha case was resolved by the Constitutional Court (No. 0731-10 -EP-La Cocha), in which what is determined limits of interpretation between indigenous and ordinary justice, taking as a point of controversy a crime of murder, in this sense there is still much to investigate as the present issue, since the deprivation of liberty or preventive detention is of ultima ratio or of exceptional character in the mestizo and in the indigenous it is even more so because it has in its favor International Agreements and Treaties, that of not respecting them would be contravening due process.