Indigenous Justice in the community of Tuntatacto (Ecuador): moral or right

Abstract

This text analyzes the case of the Tuntatacto community, a population that according to its ancestral culture practices indigenous justice processes about certain behaviors that are considered crimes within their "jurisdiction". The analysis of this context allows us to explore the different ways of applying indigenous justice. Although these practices tend to violate the human rights of the inhabitants, it is also true that they must receive a penalty for the commission of a specific crime. Which constitutes a question on the application of Indigenous Justice instead of Ordinary Justice and the opposition to human rights. The Ecuadorian Constitution accepts the validity of the legal systems of the Indigenous Peoples existing in their territories. This recognition implies a series of challenges and tasks, among which is the issuance of secondary legislation that regulates the mechanisms by which the indigenous jurisdiction will be related to the ordinary jurisdiction. When talking about the communities that belong to Ecuador we know that it is a multicultural country, in this sense it is necessary to adopt new approaches that solve the aforementioned problem establishing doctrinal principles on which should be based the harmonization in the ordinary justice and indigenous justice.  This analysis consists of the interpretation of the law and the interaction on said systems starting from the need to provide training alternatives in legal justice framed in a social formation that allows establishing guidelines for the defense of the principles of justice and respect for the culture of indigenous peoples that contributes to achieving higher levels of social opportunities for citizens