Jurisdiction and competence within indigenous justice (Review).

Abstract

This article deals with the competence and jurisdiction within indigenous justice in Ecuador, whose analysis was based on interculturality and its inclusion as established in art. 171 of the Constitution of the republic of Ecuador 2008, where indigenous justice is recognized as one that has its own jurisdiction, this being a national and international recognition. From this analysis it is clear that the jurisdiction and competence will deal with the conducts that are carried out within the indigenous territory and consequently they have sanctioning power from such recognition from which the right of the members of the indigenous communities to a jurisdiction is derived and grants the right to be judged by its own authorities, in accordance with its rules and procedures within its own area, in order to guarantee respect for the particular worldview of the individual. For this reason, in the present work it is given in function of being able to establish how the jurisdiction and competence is operated within the indigenous justice, for which the qualitative investigation of a documentary nature will be applied through which it will be possible to obtain results when analyzing the current legal regulations that define and deal with the subject to be discussed, and to be able to establish how it has been carried out in recent years within the community or indigenous peoples of the country.