Examinando por Autor "Ávila Tapia, Alex Darío"
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- ÍtemAcceso AbiertoAnálisis de las garantías del debido proceso frente a la justicia indígena: caso La Toglla sentencia N°. 1779-18-EP/21(Universidad Católica de Cuenca., 2023) Ávila Tapia, Alex Darío; Zaruma Bueno, David Israel; Ochoa Rodríguez, Fernando Esteban; 0106833338; 0107164527This work aims to understand the evolution and practice of Due Process within the indigenous procedures and its interference with Ecuadorian legal normative development. In this way, the research has been based on a legal analysis of the doctrine, evolution, and socio-legal development of indigenous justice based on a Plurinational State such as Ecuador. Likewise, the guarantees of Due Process that are generally affected by the interference of ordinary justice in the administrative and judicial decisions of indigenous justice have been identified, as is primarily the right to defense and as collateral the right to self-determination. For this purpose, an analysis has been made of the Judgment No. 1779-18-EP/21 as a reference for violating the right of such guarantees. Finally, it is concluded that indigenous justice has a better social organization, thanks to its internal legal rules that provide security for the human being, adapting its institutions to international budgets in defense of human rights, and constitutional provisions related to the Constitution of the Republic of Ecuador as adequate judicial protection and due process, adapting each of its actions under the principles of speed and immediacy, unlike ordinary justice.