La subordinación al sistema ordinario y la autonomía de la justicia indígena

Abstract

The present degree project, titled “Subordination to the Ordinary System and the Autonomy of Indigenous Justice,” analyzes the impact that the subordination of the ordinary justice system has on the autonomy of Indigenous justice in Ecuador. Although the Constitution recognizes the country as a plurinational, multicultural, and multiethnic State, structural and administrative limitations persist in practice, restricting the full exercise of Indigenous justice. This discrepancy reveals a gap between normative recognition and its actual implementation, directly affecting the self-determination and governance capacity of Indigenous peoples over their own conflict-resolution mechanisms. The general objective of the research was to examine how the subordination of the ordinary system affects the autonomy of Indigenous justice. To this end, three specific objectives were developed: to theoretically substantiate the subordination of the ordinary system, to analyze its causes, and to identify the regulations governing Indigenous justice. To achieve these, a qualitative methodology was applied, allowing for an understanding of the social, legal, and political dynamics that influence this hierarchical relationship between systems. The results show that the subordination of the Indigenous system is real and is mainly manifested through administrative controls, legal limitations, and procedures that position the ordinary system as a superior authority. Despite the constitutional framework recognizing the coexistence and validity of both systems, the State continues to privilege the Western model of justice, generating jurisdictional conflicts and weakening Indigenous autonomy