Jurisprudencia y Ciencias Sociales

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

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2020 - 20263

Ajustes

Fecha de inicio: 2020Tema: search.filters.subject.PLURALISMO JURIDICO

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Mostrando 1 - 3 de 3
  • Miniatura
    Item type:Ítem,
    La aplicabilidad del debido proceso en la justicia indígena del cantón Saquisili
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-27)
    Vargas Vega, Alex Paul
    ;
    Espin Melendez, Maria Cristina
    The present research project addresses a critical analysis of the Ecuadorian justice system from the perspective of legal pluralism, highlighting the coexistence of the ordinary justice system and the constitutionally recognized Indigenous justice system. The importance of this topic lies in its contemporary relevance and in the need to strengthen intercultural dialogue to ensure respect for due process, without disregarding the validity of the customary practices of Indigenous peoples and nationalities. Based on the normative review of the 1998 and 2008 Constitutions, as well as the examination of relevant case law from the Constitutional Court, the study analyzes the scope and limitations of the exercise of Indigenous justice, particularly in cases related to guarantees such as habeas corpus. The methodology applied combines a qualitative approach grounded in documentary analysis, doctrinal and normative review, and interviews with experts and justice operators. This approach allowed for the identification of perceptions, tensions, and opportunities for improvement in the coordination between both judicial systems. The research is framed within the study of constitutional law, legal pluralism, and the administration of justice. The scientific novelty of this work lies in the proposal of an institutional strengthening model that promotes intercultural training, the recovery of legitimate traditional practices, and the incorporation of constitutional standards into community procedures, while respecting their autonomy. This proposal seeks to contribute to a more inclusive justice system, consistent with constitutional mandates and aligned with the social and cultural realities of contemporary Ecuador
  • Miniatura
    Item type:Ítem,
    Hegemonía del sistema jurídico ordinario y el pluralismo jurídico en el ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09)
    Lozada Mera, Franklin Mauricio
    ;
    Solano Paucay, Vicente Manuel
    Plurinationality and interculturality find their recognition in the current constitutions of the region, as well as in human rights, from which arises the right of indigenous peoples to maintain and preserve their ethnic and cultural identity. By virtue of this cultural diversity, indigenous peoples are recognized their own institutions, norms, procedures, and therefore their own legal systems. However, due to legal plurality, tension is generated between the ordinary legal system and indigenous law, regarding the production of law, in addition to the conflict of jurisdictions that arises in its application. On the other hand, it is necessary to point out that legal pluralism is not absolute, but rather has limits, which shows that there is tension between indigenous justice and human rights. By virtue of the indicated aspects, an ethnocentric vision of law could lead to ignorance of indigenous legal systems, eliminating their legal validity and efficacy. Therefore, the empire of western culture over aboriginal cultures would exclude any possibility that legal pluralism has a horizontal relationship with state law. In this regard, it is necessary to indicate that the supremacy of the law produced by the State could simply mean a damage to the cultural survival of indigenous peoples. Hence, an intercultural dialogue is necessary that allows the harmonization of the various legal systems that coexist in the State, so that there is no subordination between them. These aspects will be analyzed in this research work, in order to determine if in Ecuador a hegemonic conception of monism on legal pluralism is verified.
  • Miniatura
    Item type:Ítem,
    La justicia Indigéna y la paráctica del pluralismo jurídico
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-07)
    Guanotuña Umajinga, Diego Rodrigo
    ;
    Vargas Villacres, Borman Renan
    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.