Legal and jurisprudential analysis of indigenous justice. Its intercultural interpretation

Abstract

This article is focused on the legal and jurisprudential analysis of indigenous justice from its intercultural interpretation. For its development, the general objective has been to review this type of justice from doctrine, regulation and jurisprudence and the need for its intercultural interpretation in the judicial framework in Ecuador. In that sense, a theoretical examination of this figure is carried out, its recognition in the Constitution of the Republic is reviewed, in infra-constitutional norms such as the Organic Law of Jurisdictional Guarantees, the Organic Code of the Judicial Function and the Convention on Indigenous Peoples and Tribal Organization of the ILO, which is part of the legal system, based on the plurinational and intercultural nature of the Ecuadorian State. Likewise, a study of ruling No. 113-14-SEP-CC issued by the Constitutional Court is carried out with the purpose of identifying the aspects to be taken into account to interpret, interculturally, those cases that reach the justice bodies where has applied indigenous justice, taking into account their particularities. This will allow us to reinforce and expand knowledge on the subject and understand how this legal institution operates, an issue that is currently controversial within the academy and the jurisdictional bodies in the country.