Examinando por Autor "Baculima Mora, Kevin Ismael"
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- ÍtemAcceso AbiertoLa reparación integral desde una perspectiva del pluralismo y monismo jurídico. Comparación justicia indígena y ordinaria.(Universidad Católica de Cuenca., 2023) Baculima Mora, Kevin Ismael; Aguilera Crespo, Marcelo; 0105617245The research aims to identify if there is a comprehensive reparation from a legal perspective between pluralism and monism in relation to indigenous justice and ordinary justice. For this, the integration of integral reparation in ordinary justice and indigenous justice is compared from a doctrinal jurisprudential point of view. Within the methods that were used, an inductive and deductive paradigm is based, which has been in charge of exposing the characteristics of the problem, that is, the etymology of conduction is studied or where the recognition of pluralism and the legal systems of indigenous communities as part of their culture. The results revealed that the Magna Carta of Ecuador recognizes the State as multicultural, establishing that indigenous peoples and nationalities have the ability to practice a legal system based on ancestral tradition, customs and own law. It is concluded that intercultural and plurinational States cannot be dialogical, concrete and guaranteeing, that is, not focus on a perspective where it is intended to solve specific and effective aspects in an inconstant and inconsequential manner. For this reason, the analyst must know the values, customs and rights, where the actions of people are regulated.