The legal competence of indigenous peoples according to the guidelines of ILO Convention 169.

Abstract

The 2008 Ecuadorian Constitution establishes the country as a plurinational and intercultural State, recognizing legal pluralism and indigenous jurisdiction as collective rights of indigenous communities. This work is developed in this essence. Despite the constitutional regulations and jurisprudential precedents that delimit indigeno us jurisdiction, in daily practice a territorial overlap is observed in the exercise of judicial functions. This situation poses challenges in terms of access to justice, legal security and the interaction of legal pluralism. The Constitutional Court must play a crucial role, analyzing the territorial limits of indigenous jurisdiction, especially in light of ILO Convention 169, to establish clear guidelines and safeguard the coherence of the legal system