Examinando por Autor "Pacheco Galarza, Eddy Sebastian"

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    Análisis de los límites de la justicia indígena en el Ecuador, desde el enfoque normativo y jurisprudencial.
    (Universidad Católica de Cuenca., 2023) Pacheco Galarza, Eddy Sebastian; Cárdenas Santacruz, Juan José; 0105598486
    This research aims to identify the established limits in indigenous justice in Ecuador from a normative and jurisprudential perspective. In order to achieve this, the historical, jurisprudential, and doctrinal evolution of indigenous justice in Ecuador has been determined. Jurisdictional and competence limits have been identified within the territory and their impact on applying indigenous justice. Finally, with the recognized limitations, the precise application of indigenous justice and establishment coordination and cooperation mechanisms between indigenous and ordinary jurisdictions have been analyzed. A descriptive method has been used to analyze indigenous justice practices in Latin America, focusing on Ecuadorian territory, based on the historical-legal process and the presence of legal pluralism in the Ecuadorian legal and social system. Similarly, the normative and jurisprudential bodies that have set precedents to establish the limits of indigenous justice have been identified. Finally, using the comparative method, sources of cooperation and coordination mechanisms have been identified through a close and contrasting analysis of the two types of justice. This study has focused its main point of conflict on the lack of jurisprudential, legal, and doctrinal limits between indigenous justice and ordinary justice. As a result, there is an evident lack of control mechanisms to regulate the practice of indigenous justice, leading to an increased violation of autonomy and self-determination rights. Additionally, indigenous justice is subordinated to ordinary justice, demonstrating the lack of limits between the two types of justice. This situation has slowed down of the justice system due to the inefficiency of the judicial function and the institutions of the ordinary justice system per se, thus meeting each of the specific objectives and the problem established at the beginning of the research.