El derecho alternativo en el pluralismo jurídico ecuatoriano

This paper examines the conflict of competence between the ordinary jurisdiction and the native jurisdiction and the processes that take place between the two jurisdictions as from the Constitution and the legal development in Ecuador. From this analysis it is clear that the ordinary jurisdiction ha...

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Bibliographic Details
Main Authors: Díaz Ocampo, Eduardo, Antúnez Sánchez, Alcides Francisco
Format: Article
Language:Spanish
Published: 2017
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6203520
Source:Lex: Revista de la Facultad de Derecho y Ciencia Política de la Universidad Alas Peruanas, ISSN 1991-1734, Vol. 15, Nº. 20, 2017, pags. 15-44
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Summary: This paper examines the conflict of competence between the ordinary jurisdiction and the native jurisdiction and the processes that take place between the two jurisdictions as from the Constitution and the legal development in Ecuador. From this analysis it is clear that the ordinary jurisdiction has global competence on the conducts carried out within indigenous territory and in consequence its punitive power after the acknowledgment of the right of a person from an indigenous community to a jurisdiction and to be judged by their own authorities, in accordance to their rules and procedures and within their own territorial environment in order to guarantee the respect to the particular worldview of the person.