El derecho a la libertad del indígena y su correlación en el proceso penal ordinario en Ecuador

Abstract

Preserving human rights and, above all, the freedom of the indigenous peoples of the planet, represents one of the priorities of all national and international organizations that seek to internalize integrated processes; leaving aside the discrimination and inequality of opportunities of the inhabitants without considering their races. When analyzing ordinary criminal legal processes, related to human rights, it is important to determine the space or environment where they occur. In this investigation, we consider Ecuador, known as a country that promotes its plurinational and pluricultural nature, trying to generate cohesion between its different processes that seek order and justice around punishable acts and its correlation towards respect and rights. to the freedom on the part of the natives, at the time of presenting ordinal judgments. Everything derives from the existence of internal conflicts that link irregularities and inconsistencies in the criminal procedure and the rights of indigenous people to the fairness of laws. There is a confrontation that does not help clarification or the growth of the rights of the inhabitants emanating from the Ecuadorian constitution. The research is descriptive qualitative, and is located within the paradigm of interpretation. At the same time it is supported by an experimental field investigation, taking advantage of the closeness of the researcher with the observed fact. The results reveal that the right to indigenous freedom must be constantly analyzed by all those involved in their respect and vulnerability. Criminal procedural laws should serve as a platform for all existing requirements within the legal framework to be met, regardless of the nature of the accused. Finally, the conclusions show the importance of respecting the rights to indigenous freedom, especially in ordinary criminal matters. The differences that may be presented should not be a reason to enter into conflicts that lead to the violation of human rights.