Indigenous justice and its relationship with constitutional principles in ecuador: a theoretical and critical study

Abstract

This theoretical and critical study examines how indigenous justice, recognized in the Ecuadorian Constitution of 2008, coexists with constitutional principles and human rights. The implementation of indigenous justice generates tensions due to diverse and sometimes conflicting interpretations regarding its coherence with national legal frameworks. These tensions include aligning universal constitutional principles with indigenous local norms, as well as ensuring individual rights in the face of community decisions. The study emphasizes the importance of a pluralistic approach that respects Ecuador's cultural and legal diversity, while ensuring comprehensive and equitable protection of fundamental rights for all citizens, regardless of ethnic or cultural background. The proposed critical analysis addresses the ongoing need for intercultural dialogue and constant review of regulations to ensure that indigenous justice not only respects local traditions but also aligns with constitutional standards and universal human rights, thereby promoting a plurinational state that recognizes and values diversity as a fundamental asset of the nation.