El debido proceso en la administración de justicia indígena de los pueblos kichwa de la sierra centro del Ecuador

Abstract

Indigenous justice as a conflict resolution system is historical, it has been in force since before the arrival of the Spaniards and the foundation of the National State, there is evidence in this regard, the same that we will address in the development of this work. The 1998 Constitution incorporates this right of peoples and nationalities in terms of justice functions and in the Carta Magna of 2008 recognizes them as jurisdictional functions, that is to say, indigenous authorities have the power to judge and enforce what has been judged. The 2008 Constitution, in its Article 76, develops a set of guarantees of due process and the right to defense, which the ordinary justice must comply with to guarantee the right to protection, whose precepts must also be observed by the indigenous justice from an intercultural approach or interpretation, in other words, the same parameters must be implemented based on respect for the practices, knowledge, customs and the indigenous people's own right.