Valoración de los correctivos penales como administración de justicia indígena en la comunidad de Latacunga desde la perspectiva de los Derechos Humanos

Abstract

The Ecuadorian State possessing legal plurality has to cover multiple areas in legal systems as a fundamental state duty, due to citizen interests, in this way it has enshrined rights and normative guarantees in the Constitution and international human rights treaties ratified by it, in turn because of the multiculturalism that is possessed in the region , indigenous justice is recognized as one more right in our country, to be an effective means of solving internal conflicts in their communities, provided that their indigenous remedies, decisions and resolutions are not contrary to the Constitution and human rights. Therefore, in the collective sense Ecuador recognizes the existence of the diversity of peoples due to its multifaceted development in the region, which through the struggles of the peoples was forged indigenous justice as a legal system, with a jurisdictional power to have the authority to solve their problems through ancestral worldviews and their rune right. At present, however, there are controversies over indigenous justice because of its unwrten right and its indigenous remedies that for no reason can violate the human dignity of the person, because human rights and the Constitution set limits on the matter. On the basis of the above, this investigation examines whether or not criminal remedies may or may not lead to violation of human dignity, a concept of human rights, as to whether they, when consummated, exercise torture, cruel punishment or degrading treatment, on the other hand, to consider these aspects considerations are taken from several experts on the subject, commoners, lawyers and indigenous authorities, as well as scientific material to deepen such research.