The application of indigenous justice and due process

Abstract

Indigenous justice in Ecuador is a topic of great relevance and complexity that reflects the cultural and legal richness of indigenous peoples. Its recognition in the 2008 Constitution emphasizes the need to respect and preserve the traditions and values of each community. This community-based system, grounded in participation and immediacy, offers a holistic approach to conflict resolution. However, it is essential that these processes respect human and constitutional rights, ensuring due process, impartiality, and transparency. The active participation of women and the protection of their rights are key aspects that must be considered within the framework of indigenous justice and its internal regulations. This research applies deductive, inductive, analytical, and bibliographic methods to delve into indigenous justice and its relationship with due process. The aim is to understand and preserve the different perspectives and approaches in this area, thereby enriching the understanding of its functioning and impact. Finally, it is concluded that indigenous justice must balance the preservation of cultural traditions with respect for universal rights and social and legal development. This implies considering social evolution in Ecuador, promoting a respectful understanding of the cultural and legal diversity that characterizes the country.