El principio de interculturalidad en procesos penales contra personas pertenecientes a pueblos y nacionalidades indígenas

Abstract

Abstract: This study analyzes the application of interculturality in criminal proceedings involving Indigenous peoples and nationalities in Ecuador, taking into account the State's intercultural and plurinational character as recognized in the Constitution. The qualitative research employed analytical-synthetic, descriptive, and legal methods, involving a documentary and bibliographic review of the Constitution, the Comprehensive Organic Criminal Code, international instruments, case law from the Constitutional Court and the Inter-American Court of Human Rights, and specialized literature. The results demonstrate that, although the legal system recognizes collective rights and Indigenous cultural identity, the principle of interculturality is not always adequately applied in criminal proceedings. Key challenges identified include limited intercultural training for justice system officials, a lack of Indigenous language interpreters, and insufficient coordination between the ordinary justice system and Indigenous jurisdiction. The study concludes that interculturality is an essential principle for guaranteeing due process, preventing discrimination, and strengthening an administration of justice that is inclusive and respectful of Ecuador's cultural diversity.