Jurisprudencia y Ciencias Sociales

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    Rol de la justicia indígena Ecuatoriana en los casos de extorsión en la Parroquia Toacaso
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Torres Silva, Marilin Mishel; Vargas Villacrés, Borman Renán
    Indigenous justice has been a fundamental part of the life of indigenous communities since colonial times, based on customary law and ancestral traditions. In Ecuador, its importance and recognition have been reflected in the 2008 Constitution, especially in Article 171, which guarantees the jurisdictional functions of indigenous authorities to resolve internal conflicts according to their own rules and procedures, being crucial to understand how indigenous communities deal with crimes such as extortion within their jurisdiction. The objective of this research is to analyze the application of indigenous justice in extortion cases in the Toacaso parish, in order to understand the role it plays in the resolution of these cases. For this purpose, a qualitative methodology was used, employing descriptive, documentary or bibliographic research and field research. Data collection was carried out through interviews with indigenous authorities of the Toacaso parish and experts in the field. The results of these interviews revealed that indigenous justice focuses on reintegration and community harmony, using sanctions ranging from public apologies to economic compensation and symbolic physical punishment, in the same way they will act in extortion crimes even though this crime has not been known and resolved by the indigenous authorities before. In conclusion, indigenous justice has mechanisms to resolve any type of crime, but murder is not part of these mechanisms. In the case of the lynching of two alleged extortionists in the community of Plancha Loma, Toacaso parish, the indigenous authorities did not intervene in the lynching, so this fact cannot be attributed to indigenous justice since this justice system must guarantee the protection of human rights enshrined in the Magna Carta and international instruments
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    Análisis del proceso cultural de la cosmovisión Andina del Cantón Guamote
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Moyano Tapia, Ana Lourdes; Jiménez Sánchez, Alvaro
    This research is a way of interpreting, guiding a series of ideas, senses around the social and natural context that surrounds men within the Andean Region, through the Worldview, as this ideal form has been called in the region. of the Andes. For this reason it is developed in Guamote, one of the ten cantons that make up the province of Chimborazo, is a population in which these elements of the Andean Cosmovision are present in the dialogue with contemporaneity. Its social composition, of indigenous prevalence. In addition, there are some symbolic markers of his Living Culture: The Carnival, whose central element is the designation of festive charges and gifts; The Semana Mayor, which includes a series of indigenous celebrations; The Fair of agricultural products, which appears as the largest in the province and still serves as a weekly place of intersection and exchange of survival elements. In addition to these elements, the life of the Guamote canton could be defined as its urban area and its rural area, composed of the latter, by social units known as Peasant Communities whose political and social organization continue, so I am concerned to write this thesis that We will discover in this process.
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    El debido proceso y la justicia indígena
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-06) Guzman Chuquiana, Luis Gabriel; Vargas Villacreses, Borman Renán
    Indigenous justice today in our country is strengthened, since it is supported by the Constitution as it can be evidenced in article 171 where it guarantees the rights of all indigenous peoples and nationalities, the problem is that Ordinara justice does not respect as such decisions taken within the community , another problem is the ignorance of the rights enjoyed by a community by the fact of being indigenous the same that has been creating conflicts and violation of rights, that is why to apply the indigenous justice must exist a model for the effective execution of it. It also allows to know the competences of the indigenous authority, what types of infringements can know the indigenous authority, know the very bottom of the punishment with water, nettle and whip, know that there is only one type of punishment at the time of issuing a sentence or signing a record. This research also aims to make known, Orient, motivate, value, rescue life, customs, traditions in every aspect of indigenous peoples and nationalities, especially indigenous justice as the main essence for the coexistence of peace in the community and the Pacha Mama. This research is focused on implementing a model where the due process for the exercise of indigenous justice is applied in the community of Cachilvana Grande of the parish Kisapincha, Canton Ambato the same one that under a thorough analysis has been able to see the impact that caused the application of the due process in the indigenous justice.
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    Costumbres, Mitos y creencias de la Justicia indígena y juzgamiento en delitos de homicidioen la Comunidad de Pano, de la Procincia de Napo
    (2017) Balladares Sánchez, Carmen Elizabeth; Vargas Villacreses, Borman Renan
    ABSTRACT The Ecuadorian constitutional state of law and justice, intercultural and plurinational recognizes the rights of indigenous peoples as subjects of law in the application of their own right in indigenous justice to generate and exercise social control within their jurisdiction. It is important to mention that the inhabitants of the towns, nationalities and indigenous communities, leave their settlements and migrate to other cities because of the lack of jobs, irrigation water and the low cost of products that lead to sell what makes them difficult The maintenance moving to the urban area where they live precariously losing their roots, customs, clothing, language, parties and the administration of justice. This research aims to demonstrate that indigenous communities are governed by norms and procedures that maintain collective coexistence, they use conflicts to manage conflicts, choose roles, positions and their authorities, these rules are not written but they comply, they vary with the passing of the Time and if it is transgressed the community is in charge of imposing corrections to maintain the balance in how much it is not contrary to the constitution, and in cases of homicide that are judged in the ordinary justice the sanctions are applied to them according to their myths, traditions and customs. From the analysis of the statistical data, several conclusions and recommendations were obtained, among them the one to create a normative so that in the cases of indigenous homicide tried by the ordinary justice, new alternatives of sanction based on myths traditions and customs are considered.