Jurisdicción, competencia y procedimiento de la aplicación de la justicia indígena en las comunidades de Ilincho y Las Lagunas del cantón Saraguro.

Abstract

The jurisdiction and competence of indigenous authorities to administer justice and resolve conflicts within their territorial scope is a constitutional right enshrined in art. 171 of the current constitutional norm and in Convention 169 of the ILO, ratified by the Ecuadorian state. The recognition of the jurisdiction and competence of the indigenous authorities puts into effect the exercise of legal pluralism, therefore; The present study focuses on the indigenous communities of Ilincho and Las Lagunas in the Saraguro canton where indigenous justice is practiced and administered, the purpose of which is to determine whether the procedures and sanctions applied are consistent with constitutional parameters and do not violate human rights. Within the theoretical framework is developed the doctrine, and definitions of the proposed topics with an objective analysis compared between legal pluralism and positivism. The second chapter presents the methods applied in the research process and concludes with the analysis of the results obtained in the field work by weighting and representing graphically