Principio de interculturalidad en la imposición de la pena en delitos graves dentrocantón Riobamba, provincia de Chimborazo. Estudio de casos

Abstract

Abstract: With the judgment of the case called La Cocha , Ecuadorian society entered into a debate over the application of the principle of interculturality in the prosecution of serious crimes; the Constitution establishes that Ecuador is an intercultural and pluricultural state, in practice power relations and practices are instrumentalized so that these principles have limitations in their application.In the judicial system, it is observed how the trial of members of ancestral peoples and nationalities is complicated by the positions of the applied jurisprudence; in most cases only from the white-mestizo position, discarding that ancestral peoples and nationalities have their own norms.This paper reviews the application of the principle of interculturality in serious crimes, analyzing the applied legislation and the procedures of justice operators; A comparative analysis is developed of a case with similar characteristics processed in another jurisdiction, in which the principle of interculturality was treated in accordance with the norms, even proceeding according to the Guide of the Judicial Council.