Análisis de la Sentencia N° 101-17-SEP-CC del caso 0166-14-EP. Doble juzgamiento por la justicia indígena y justicia ordinaria.

Abstract

Ecuador is a pluractional state that constitutionally recognizes the existence of two legal systems such as the Ordinary and the Indigenous, this gives space to the real existence of a legal pluralism. In this investigative work, we are going to analyze and approach the existence of conflicts that are between the Indigenous Justice and Ordinary Justice in the conflict of the resolution of the competitions that takes place on a community or indigenous people through jurisprudence, doctrine, principles of law and the regulations. The judgment N° 101-17-SEP-CC of case 0166-14-EP issued by the Constitutional Court of Ecuador, where a guarantee of extraordinary protection action is denied, will be keep in mind like a model of study, because is a cause that it’s about the conflict between both legal system, the principal reason is that the judgment is recognize by both of the models of justice, the indigenous and the ordinary, because the existence of a Double Jeopardy