El control de la constitucionalidad en las sentencias de la justicia indígena y el silogismo jurídico de la Corte Constitucional

Abstract

Abstract: Since 2008, the constitution has declared Ecuador an intercultural and plurinational state. The Section II, titled Indigenous Justice, of the aforementioned legal document establishes the jurisdictional powers for resolving internal conflicts within Indigenous communities, whose decisions are recognized by the ordinary justice system. These rulings must align with Indigenous traditions and respect human rights. The rulings issued by Indigenous justice are subject to constitutional review by the Constitutional Court of Ecuador. The court has a key role in guaranteeing rights within a framework of legal pluralism. Through its judgments, it seeks to harmonize respect for the autonomy of Indigenous peoples with the principles and rights enshrined in the constitution, applying criteria of interculturality, proportionality, and due process, aiming to balance Indigenous self-determination with the protection of fundamental rights.