Caso La Cocha II análisis de la problemática de la justicia indígena y justicia ordinaria en el contexto ecuatoriano, a partir de la sentencia de La Corte Constitucional en la que establece límites a la justicia ancestral

摘要

The Constitution of the Republic of Ecuador of 2008 recognizes the indigenous justice legal system as one different to the traditional justice system, thus giving it the judicial power and authority to resolve conflicts of indigenous peoples. However, the Constitutional Court in the Case of La Cocha II in 2014, established the limitations imposed upon the indigenous justice system to resolve legal matters. In this context, this current work analyzes whether or not within the Constitutional Court there existed a compliance with constitutional guarantee, legal pluralism, and interculturalism. For it focuses on the study of constitutional guarantism as a fundamental element of the present Constitution; within the theoretical content of legal pluralism and interculturalism, which are determined by the understanding and existence of different cultures and legal systems. To this extent, it also analyzes indigenous justice and its particularities against the state system in criminal matters, in order to demonstrate that both indigenous justice and traditional justice systems are completely applicable.(correction: Amy Zavaglia)