Hegemonía del sistema jurídico ordinario y el pluralismo jurídico en el ecuador

Abstract

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.