Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Masaquiza Masaquiza, Segundo VirgilioSubject: search.filters.subject.PRINCIPIO DE PROPORCIONALIDAD

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    La justicia indígena en el Ecuador y el principio de proporcionalidad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-05) Masaquiza Masaquiza, Segundo Virgilio; Tite, Ramiro Segundo
    While doing investigations for this work, I realized that by using indigenous justice we violate rights and principles of the constitutions of our country. For this reason I propose to make rules of procedure in Salasaka and stop violating our own rights and principles. After the research paper, the conclusions are that indigenous justice encompasses a number of principles and rules that are applied based on custom, rites and traditions to punish those who have committed a crime within a particular indigenous territorial constituency. Such sanctions violate the principle of proportionality enshrined in the Constitution of the Republic of Ecuador, since for all crimes apply the same sanctions; for instance, it is not taken into account the seriousness of the crime committed. Reason being for the realization of a regulation within indigenous justice, specifically in Salasaca, where the research was conducted for the realization of this paper, this in order that all crimes committed in the indigenous jurisdiction are necessarily sanctioned by observing the constitutional principles and thus preventing human rights violations and the protection of due process. Under these parameters, it can be concluded that the present research is of vital importance and significance, as it seeks to provide an alternative solution to the problem, which would be of significant importance within the national legal system to prevent the continued violation of people’s rightswho are subjected to indigenous justice in Salasaca. The graduation work: "Indigenous justice in Ecuador and the principle of proportionality", proposes the creation of a regulation in which the penalties can be established in relation to the crime committed, this in order to no longer keep breaching the principle of proportionality in Salasaca.