La Justicia indígena en la comunidad de Tuntatacto (Ecuador): moral o derecho

Abstract

The text analyzes in depth the case of the Tuntatacto community, a population that, in accordance with its ancestral culture, exercises Indigenous Justice processes on certain behaviors considered crimes within its territory. The analysis of this context through the existing legal framework, together with a series of interviews and the application of a questionnaire in the community itself, allow us to explore the various forms of application of Indigenous Justice as well as the elements that articulate it. The inconsistency taxonomy existing in the current regulatory framework is analyzed, making clear the collision of rights between indigenous justice and ordinary justice applied throughout the State. The work delves into the application and interpretation of the law and the interaction between these systems based on the need to provide training alternatives in legal justice. All this incardinated in a lack of social training that allows establishing guidelines for the defense of the principles of justice and respect for the culture of indigenous peoples in order to contribute to reach higher levels of social opportunities for citizens. Aspects not fully achieved due to exogenous elements with particular interests such as the exercise of actions of hegemonic domination, concentration of natural resources in their territories and linkage to poverty among others.