La justicia indígena y su aplicación en los delitos de naturaleza sexual.

Abstract

This thesis focuses on a topic that has generated considerable doubt regarding its invocation and implementation in the daily practice of law: the application of indigenous justice. Throughout the theoretical framework, the essential concepts underpinning this system, or systems of justice specific to the indigenous peoples of Ecuador, such as legal pluralism, have been developed. Reference has been made to the fundamental characteristics that differentiate the indigenous justice system from the Western justice system, but above all, its scope of competence and limitations are analyzed when legal professionals are asked to recuse themselves from certain cases involving sexual offenses against minors. Once the legal and doctrinal examination of this problem was carried out, it was suggested that the Organic Code of the Judicial Function be modified, specifically Article 345, so that, in cases where the victims are children, in consideration of their extreme vulnerability and the harmfulness of the acts of sexual aggression, the ordinary justice system should resolve them, given the absence of a suitable mechanism for the declination of ordinary justice in favor of indigenous justice.