El delito de abigeato y la justicia indígena de los ganaderos de la comunidad Salasaka

Abstract

The indigenous system in Ecuador has protection mechanisms in order to apply its own law based on its ancestral traditions and customs. It is here that the Constitution of the Republic of Ecuador in its Article 171 supports indigenous justice in solutions to internal conflicts guaranteeing the decisions of the indigenous jurisdiction are respected by institutions and authorities. Taking into account the importance of the Magna Carta, the present research aims to determine how the crime of cattle rustling impacts the economic subsistence, cultural identity and fundamental rights of the community, as well as the effectiveness of the ordinary and indigenous justice systems. For this, a type of descriptive research is used that determines the causes of the phenomenon addressed. A mixed method is used that starts from a theoretical-bibliographic-documentary review and the statistical processing of the problem through the application of a questionnaire to the population of Salasaka. The interview guide as a selected instrument is applied to three indigenous leaders. The results reveal that cattle rustling not only affects the family economy based on sheep and cattle farming, but also constitutes symbolic violence against the Salasaka worldview, where cattle have ritual and reciprocal value. The diagnosis carried out contributes to formulating strategic actions that strengthen the legal practice of judicial operators in cultural diversity and respect the due process applied. Concluding that cattle rustling affects the economy, tranquility, security and generates mistrust among the inhabitants of the Salasaka community.