Limitaciones constitucionales a la justicia indígena en el Ecuador

Abstract

The research examines the application and recognition of Indigenous justice in Ecuador. It also seeks to demonstrate the constitutional limitations that exist between Indigenous justice and ordinary justice. The methodology employed to achieve the results of this study was qualitative, primarily consisting of a documentary review of legal norms, scientific articles, and rulings on extraordinary actions for protection against decisions of Indigenous justice resolved by Ecuador’s highest constitutional court between 2019 and 2025. The findings show that this highest constitutional adjudicatory body broadly recognizes the legitimacy of Indigenous justice, while at the same time enforcing limits derived from respect for fundamental rights, the principle of the natural judge, the duty to provide reasoned decisions, and the prohibition of double jeopardy. In the cases analyzed, the court has, in some instances, declared violations of rights due to procedures incompatible with Indigenous worldviews, lack of territorial or functional jurisdiction, absence of due process, decisions issued by non-legitimate authorities, or serious violations of personal integrity. However, the court has also upheld Indigenous decisions when it found that community assemblies acted in accordance with their own principles, respected the collective right to selfdetermination, and preserved community harmony. A central finding is that most conflicts concern disputes over land, inheritance, boundaries, ownership, or the use and usufruct of communal property, demonstrating that the core of Indigenous justice remains strongly linked to the collective management of territory