Análisis del conflicto de competencia y leyes entre la justicia ordinaria y la indígena

Abstract

This research aims to examine and identify the conflict of competence, jurisdiction, and laws governing ordinary and indigenous justice, demonstrating the undermining of the autonomy and territoriality of indigenous communities, as well as how each one is applied based on what is determined or established by the Constitution of the Republic and the regulations in force in Ecuador. In this way, it is essential to mention that the ordinary justice system will resolve those cases and conducts that are set within the Ecuadorian territory; however, the recognition of the peoples and nationalities' inherent rights that take part of the indigenous community has been limited, being one of them, the right to be judged by their leaders, authorities, under their worldview, laws, rules, and procedures, regulated by their competence and respecting of indigenous peoples and nationalities rights.