Pluralismo jurídico y acto penal: Intervención del derecho indígena como enfoque restaurativo dentro del Ecuador

Abstract

This research introduces the norms of Indigenous justice in its role as a sanctioning force within Ecuador, considering the implications of laws within the territory and with a vision that seeks to resolve conflicts. After analyzing historically significant texts, written rules, and expert opinions, the contrasts between the ordinary justice system and Indigenous justice, as recognized by the highest law, become apparent. Similarly, important examples and practices from the Andean worldview are reviewed, demonstrating the effectiveness of Indigenous justice in addressing crime, particularly through methods of reparation and peacemaking within society. The work offers profound insights into ancient rules of punishment, proposing that greater value be given to Indigenous law as another valid and more important option in lands with diverse expressions from the nationalities and peoples of Ecuador. The analysis is conducted using an analytical approach with exploratory goals and a plan that incorporates doctrinal material.