El principio non bis in ídem y su injerencia en el sistema de justicia ecuatoriano.

Abstract

This research paper examines the application of the principle of non bis in idem within the Ecuadorian justice system. Given that Ecuador is a plurinnational State, the ordinary justice system and the indigenous justice system coexist within its territory, both endorsed by the Constitution of the Republic. This duality has generated various conflicts regarding the fundamental guarantee of due process, particularly when an individual is sanctioned by both systems for the same act, constituting double jeopardy. The purpose of this research is to analyze, from a legal and doctrinal perspective within constitutional law, how these jurisdictional conflicts impact the legal certainty of individuals. To achieve this, the main causes of the jurisdictional conflict were identified through a qualitative methodology based on documentary and jurisprudential analysis. The results demonstrate that Ecuador requires precise regulatory frameworks, a strengthening of constitutional control, and an effective coordination between ordinary and indigenous justice. It is concluded that cooperation between both systems is essential to fully guarantee compliance with the non bis in idem principle, thereby safeguarding the human rights and legal certainty of citizens.