Examinando por Autor "Guaman Tobay, Pamela Cristina"
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- ÍtemAcceso AbiertoAnálisis del derecho a la integridad física consagrado en la Constitución de la República del Ecuador frente a la aplicación del sistema punitivo indígena(Universidad Católica de Cuenca., 2021) Guaman Tobay, Pamela Cristina; Arciniegas Castro, César Leonardo; 0150068963This research analyzes the Right to Physical Integrity, a human right that is recognized in Ecuador in relation to the application of the indigenous punitive system, that is, in relation to the way in which penalties or punishments are applied to a person who has incurred in any offense that alters the coexistence within the indigenous peoples, communities and nationalities that are recognized in Ecuador, It is transcendental to know what it consists of and what is its basis for the application of the sanctioning power of these groups of people and their relationship with the Constitutional Rights, within this same the foundation or the basis that the authorities of the indigenous peoples have to apply the so-called Customary Law will be analyzed, It is clear that the 2008 Constitution of the Republic of Ecuador recognizes and guarantees the right of indigenous peoples, communities and nationalities to apply their own justice, however, in this same regulation it is determined that this type of justice must be permanently subject to the Control of Constitutionality to avoid that by the superposition of this system of justice the Constitutional Rights of the processed persons are violated, since at present there have been certain cases in which the physical and psychological integrity of a processed person has been undermined by the mechanisms of application of the Customary Law, affecting the right to Physical Integrity.