Análisis jurídico de la sentencia 1-11-EI/22 en el contexto de la aplicación del principio de imparcialidad

Abstract

There are constitutional principles that can govern a legal system. In the case of Ecuador, its 2008 constitution emphasizes the principle of impartiality as an essential pillar for the administration of justice. However, it is important to underscore that legal and/or judicial mechanisms such as voluntary abstention (excuse) and challenge (recusation) also exist, which aim to safeguard the objectivity of a judge or competent authority and strengthen the judicial system. In Ecuador, indigenous justice is recognized as a form of autonomous administration for these indigenous peoples and communities, the same sovereignty granted by Ecuador's ordinary legislation, and aims to preserve ancestral customs. In that sense, Judgment 1-11-EI/22 of the Constitutional Court of Ecuador addresses the principle of impartiality in the "Chukidel Ayllullakta" community in the Saraguro canton, in the province of Loja. This judgment denounces the lack of impartiality of one of the representatives of the indigenous commission of this community and similarly alleges the violation of due process. This generates a clear debate: Does indigenous justice violate the rules of due process by not guaranteeing the application of mechanisms such as voluntary abstention and challenge by the principle of impartiality?