El principio de autodeterminación y sus fronteras jurídicas: tensiones entre la autonomía indígena y la justicia ordinaria ecuatoriana

Abstract

This abstract synthesizes the study whose main objective was to analyze the legal tensions existing between the boundaries of the principle of self-determination of indigenous peoples and the Ecuadorian ordinary justice system. The analysis is based on the issues arising from the divergence between legal provisions and institutional practice, which limits the effective exercise of the self-determination rights of these peoples. A descriptive qualitative and analytical-conceptual methodology was employed, supported by the reading, interpretation, and classification of academic, normative, and jurisprudential sources, as well as the application of the analytical method to uncover the foundation of the principle, the inductive-deductive method to integrate national and international regulations, and the comparative method to contrast theory with state practice. The final results confirm that the constitutional and international legal framework is solid, but its implementation is hindered by problems within state institutional structures. Consequently, there is a clear need to harmonize secondary legislation with international standards in order to overcome structural obstacles that undermine the effectiveness of a plurinational and intercultural model concerning its objectives of self-determination as a guiding principle for these human groups, a principle that should also be protected by the national ordinary justice system.