Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Sánchez Morales, Nancy JanethSubject: search.filters.subject.CONSTITUCIÓN

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    La justicia indígena en al comunidad Salasaca, y los derechos garantizados en el Art. 66 numeral 3 literal c de la Constitución de la República del Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2016-10) Sánchez Morales, Nancy Janeth; Cortes Naranjo, Edwin Wilfrido
    The currrent paper focuses primarily on the extensive and painstaking study of inadequate implementation of the Indigenous Justice by the Indigenous authorities, because in my opinion it needs a thorough analysis to address certain shortcomings that produce the violation of constitutional guarantees and rights the same as in a precise manner are disaggregated for better understanding throughout this work. When we discuss about Indigenous Justice reference is made to the ancient customs that have been practiced for several generations back in the communes, communities or indigenous towns, granted by their own tradition, culture and ideology, makes the indigenous justice system in Ecuador one with a special procedure, penalties and process are transmitted orally, they are curative, wanting to achieve in the offender a purification of the soul and spirit. But the Indigenous Justice is confused with lynching or violence, since the administration of indigenous justice is conciliatory and restorative and does not penalize those who violate rules. It should be taken into consideration that judging a person, this is why we must be meticulous and observant in the treatment of this topic, which is why this project provides a solution sought to a series of abuses and irregulaties committed when judging a person in the indigenous area. That is why and for many reasons my proposal is balanced and has a purpose, which will give our Indigenous Justice a new way of judging which will be effective and timely, aditionally it will enjoy Constitutional Guarantees and Human Rights, both for the offender as for the injured without discrimination or abuse people, thus achieving the good life we all pretend to have, working together without rivalry of any kind.