Conflict of competence in the ordinary justice and indigenous justice system

Abstract

Introduction: This article restates the extended reasoning between ordinary justice and indigenous justice, which, from historical times to the present, shows that there has been conflict of competences between the two jurisdictions, since the ordinary one has guaranteed the due process, while the indigenous jurisdiction has the ancestral as its foundation. Therefore, the need to implement an infra-constitutional regulation in the indigenous justice system is a priority, at least an exercise of ruling out which matters cannot be incorporated into the scope of internal conflict even though it has occurred in the community, to guarantee due process and legal security. Methodology: Methodology of inductive, deductive, and historical character, by virtue of the fact that different regulations, articles and laws were analyzed that allowed from a comparative study of law to infer in its application and use in the Ecuadorian legislation, in addition, from the analysis of cases and sentences it was possible to identify the existing gaps in our Magna Carta with reference to indigenous justice. Results: The indigenous justice in Ecuador, part of the human groups that preserve their traditional cultures, customs, decision of most people resisting the application of ordinary justice, in reference to the behavior of a conduct that has committed the illicit that is drastically punished in the communities, peoples and nationalities. Conclusion: It should be indicated that, for the cited authors and sentences of the Constitutional Court, it is notorious that there is a conflict of competences between the ordinary jurisdiction and the indigenous jurisdiction, since there is no supplementary norm in the indigenous justice that allows guaranteeing a due process and legal security.