La declinación de competencia de la justicia indígena en Ecuador. Análisis jurisprudencial desde la última conformación de la Corte Constitucional

Abstract

This paper analyzes the jurisdiction and transfer of jurisdiction from the ordinary justice system to indigenous justice in Ecuador, based on the study of the decisions of the Constitutional Court during its latest conformation. The qualitative research used inductive-deductive and analytical-synthetic methods based on normative analysis, international instruments, and relevant rulings. It became evident that, although legal pluralism is recognized in the Constitution, its practical application faces tensions regarding the coordination between the ordinary and indigenous jurisdictions. The jurisprudence of the Constitutional Court established important parameters to delimit the scope of indigenous justice and regulate the transfer of jurisdiction, although there are still challenges in the consolidation of an effective dialogue between systems. It is concluded that strengthening intercultural coordination is essential to guarantee the effectiveness of legal pluralism and the collective rights of indigenous peoples and nationalities in Ecuador.