Análisis casuístico de los conflictos sometidos a la justicia indígena en la organización Tucuy Cañar Ayllukunapa Tandanakuy “TUCAYTA” del cantón Cañar periodo 2020-2024

Abstract

The study analyzed the procedural duplication that arises when disputes heard by Indigenous Justice within the Tucuy Cañar Ayllukunapa Tandanakuy (TUCAYTA) organization in Cañar Canton are subsequently processed through the ordinary justice system. The study adopted a qualitative, descriptive-analytical, and case study approach, based on a review of the aplicable legal provisions, an analysis of ten cases, and semi-structured interviews with authorities and community leaders. In addition, the study examined the constitutional and legal framework governing legal pluralism in Ecuador, as well as the interaction between the two jurisdictions. The results showed that procedural duplication arose primarily from a lack of interjurisdictional coordination, the parties’ dissatisfaction, failure to comply with community decisions, and State intervention in serious crimes or matters requiring enhanced protection. The study concludes that Ecuador’s legal pluralism requires intercultural mechanisms that recognize community autonomy, ensure the protection of fundamental rights, strengthen coordination between jurisdictions, and prevent double adjudication. Keywords: legal pluralism, Indigenous jurisdiction, procedural duplication, interjurisdictional coordination, ordinary justice