El desarrollo del pluralismo jurídico en el Ecuador con respecto a los casos resueltos por la Corte Constitucional desde el año 2009 al 2019, con referencia al artículo 171 de la Constitución

Abstract

This undergraduate dissertation aims to analyze the development of legal pluralism in Ecuador, based on the reading of article 171 of Ecuadorian Constitution that recognizes indigenous justice and according to a study of the solved cases by the Constitutional Court between 2009 and 2019, in order to resolve if Ecuador has a strong legal pluralism, or, contrary to it, a weak legal pluralism takes place in the country. In this matter, the first chapter does a conceptual approach to indigenous people in Ecuador and to the theory of legal pluralism, in relation to the treatment that these people have received from the Comunidad Andina de Naciones, and their historical struggle to get recognition of their rights and the autonomy to apply their own justice. The second chapter presents the configuration of legal pluralism in Ecuadorian Constitution, going through establishing constitutional rules for indigenous people rights of indigenous; and focusing on indigenous justice, I will try to delimit its nature, main elements and reach; all of this, facing the shaping of state justice and the current tension that between these two justices. Finally, this research work lands on the study of solved cases by the Constitutional Court since 2009, considering that, as a matter of fact, from the enactment of current Ecuadorian Constitution in 2008, and the recognition of collective rights, legal pluralism and indigenous justice acquires greater importance in our nation, due to the social reality of Ecuador as a diverse cultural country.