Análisis de la aplicación del criterio de interpretación intercultural en las decisiones sobre delitos contra el derecho a la propiedad emitidas por la Corte Provincial de Justicia de Morona Santiago desde el año 2024.

Abstract

The present study aimed to examine the extent to which judicial decisions delivered since 2024 by the Provincial Court of Justice of Morona Santiago reflect an intercultural approach in the interpretation of crimes against property. A qualitative methodological approach was adopted, focusing on the documentary analysis of seven judicial cases processed during the 2024–2025 period. The main finding of this study is the absence of second-instance rulings that develop the criterion of intercultural interpretation in the reviewed cases. Four of the proceedings ended in withdrawal, while in the remaining cases, pre-trial detention was upheld on the basis of procedural risk, without incorporating differentiated analysis or other elements that provide sociocultural context. This lack of jurisprudence constitutes a significant finding, as it reveals potential institutional gaps in the production, publication, and visibility of judicial decisions that adopt an intercultural perspective in the province. Consequently, it is concluded that the absence of such decisions does not contradict the initial hypothesis; rather, it confirms the need to strengthen protocols, documentation mechanisms, and judicial practices to ensure the effective application of the principle of interculturality in cases involving property crimes.