El principio de inocencia en la justicia indígena.

Abstract

The principle of innocence within various legal systems is established as an essential pillar, as it guarantees the state of innocence until guilt is proven. However, in the communities, peoples, and indigenous nationalities of Ecuador, its application faces notable challenges due to the heterogeneity of justice. This is because it is based on ancestral customs and its mechanisms for conflict resolution, which differ significantly from ordinary justice. Its focus is on repairing harm and restoring social and spiritual balance. Moreover, its principles do not always align with conventional legal systems. The principle of forgiveness and reconciliation strongly contrasts with due process and the presumption of innocence. Likewise, what is considered a "crime" varies according to cultural norms and values, and sanctions tend to be more restorative than punitive. Despite this, it is crucial to understand how the right to due process and the principle of innocence are applied and ensured during the trial process for offenses within their jurisdiction. This study aims to identify its scope in indigenous communities, peoples, and nationalities, using as a starting point ruling No. 113-SEP-CC of the Constitutional Court of Ecuador, and applying the analytical method, which allows us to break down and examine its elements separately. Additionally, documentary techniques and tools such as thematic structuring will be used.