Una visión de la justicia indígena dentro del marco constitucional ecuatoriano.

Abstract

This research document has compiled as bibliographic framework information concerning the history and reality of indigenous justice, from its concept to its impact on the world, especially in Latin America, mainly in Ecuador. Once the conceptual framework of the topic to be analyzed has been analyzed, the singularities of the indigenous or ancestral law are determined, the same ones that are examined in comparison to what is determined by the Constitution of the Republic of Ecuador, and international human rights treaties, by virtue of that the application of laws and, above all, of punishments, do not violate this national and international regulation. It should be noted that the scope of this project lies in determining the regulatory activities of indigenous law that go outside the Constitution or violate human rights, by virtue of generating a control framework or regime for the application of them, protecting life of the commoner’s and at the same time maintaining the customs established by the indigenous ancestors and current from generation to generation by the indigenous peoples of Arajuno. It is important to highlight the willingness of the members of the community to agree on the administration of the ancestral right based on the norms dictated by the Constitution of the Republic of Ecuador, by virtue of not committing an offense defined in the current legal norm or to fall back on any violation of human rights at the moment of exercising indigenous justice, thus generating a link in the administration of justice within the indigenous organization.