Trends and current problems of the indigenous jurisdiction in Ecuador.

  • Yusmany Puerta Martínez
  • Mercedes Carolina Navarro Cejas
  • Paul Alejandro Centeno Maldonado.
Keywords: Legal pluralism, Legal Monism, Interlegality, Alternative Law, Non-State Law

Abstract

The objective of this research is to systematize the problems derived from the recognition of jurisdictional functions of the indigenous authorities peoples and communities in the Constitution and analyze the ways in which these problems have been resolved through the legislation and jurisprudence. Nowadays, a special law, governing the relationship between state jurisdiction and indigenous jurisdiction, has not yet been put into effect. The main result obtained is that none of the routes followed to solve the practical problems raised is sufficient to resolve the difficulties that arise from the lack of delimitation of the jurisdiction of the indigenous jurisdiction and its relations with the state jurisdiction.

Published
2019-06-01
Section
Artículos