LIMITS OF THE PERSONAL COMPETENCE OF INDIGENOUS JUSTICE: CASE SENTENCE CC 1-15-EI/21

Abstract

This article is developed with the objective of determining if the decision of indigenous justice treated in the case of the sentence of the CC 1-15-EI / 21, violated the right to due process in the guarantee of being tried by a competent judge. For this, a type of descriptive research with a qualitative. Approach was used as a methodological design, since it sought to illustrate the characteristics, qualities and nature of indigenous justice, from a theoretical point of view, and its constitutional recognition in the territory. Based on this, an analysis was carried out on sentence 1-15-EI/21, to identify the scope and powers that indigenous justice has in Ecuadorian territory. As a result, it has been shown that, within the sentence analyzed, the decision of the indigenous justice was not in compliance with the guarantee of due process. By virtue of the fact that a person was tried and sentenced while he was absent, limiting the right to the defense. In addition, the decisions taken lacked impartiality, since the complainant is president of CORDEGCO, the entity that issued the aforementioned indigenous justice resolution. It is concluded that, although the Constitution recognizes the exercise of indigenous justice based on their ancestral traditions and their own right within their territorial scope for the resolution of internal conflicts. These practices cannot contravene the principles and guarantees established in the Magna Carta and international human rights instruments.

Keywords: due process, right to defense, indigenous justice, own right, principle of impartiality.