La justicia indígena en los conflictos familiares de la comunidad San Clemente, parroquia la Esperanza, cantón Ibarra periodo 2020-2021

Abstract

The application of indigenous justice in family conflicts in the San Clemente community, La Esperanza parish, Ibarra canton, period 2020-2021 allows us to analyze the management mechanisms that justice has in this indigenous community. What was achieved with a combined investigation, with interviews with indigenous leaders and authorities; the application of surveys to the community members of San Clemente, the normative documentary study on the subject; and the analysis of resolutions or minutes issued in San Clemente in the period 2020 -2021. All of this allows us to conclude that indigenous justice, being part of the Proper and Customary Law of the San Clemente community, is part of it. Although it presents difficulties in its application mechanisms in family conflicts. Because, some indigenous authorities are not clear on the procedure to follow, lack of clarity both in the application of sanctions and in the drafting of documents. However, the agreements reached between the parties that are subject to indigenous justice are actions that contribute to community and family peace, such as considering that a child live with his maternal family upon the death of the mother. In addition, in the sanctions applied to family controversies such as violence and adultery, it has a comprehensive reparation approach for all those involved with rapid management of the situation.