Indigenous Justice in the Ecuadorian Constitution


  • Francisco Alejo Guanoluisa Almache Universidad Regional Autónoma de Los Andes, Sede Ibarra-Ecuador
  • Carlos Javier Lizcano Chapeta Universidad Regional Autónoma de Los Andes, Sede Ibarra-Ecuador.
  • Luis Andrés Crespo Berti Universidad Regional Autónoma de Los Andes, Sede Ibarra-Ecuador.


Justice, Constitution, Ethnic Group.


Indigenous justice can intervene in certain cases when it comes to crimes of a personal nature since crimes that threaten the life of the human being must be dealt with by the ordinary justice system, and if there is an intervention of indigenous justice, it should not exceed human rights. The objective of this study was to describe indigenous justice in the Ecuadorian constitution. The methodology for the development of the research work was the quantitative approach, through exploration, collection, and critical analysis by means of a documentary typology, supported by the bibliographic design that seeks reflection and analysis. Constructing methods related to the judgment of the phenomenon and thus evaluate or discuss new arguments. Theoretical documentary sources, norms, laws, and refereed works related to the central aspects of the work were examined and analyzed. Likewise, a questionnaire of open and closed questions was applied, in order to provide greater openness to the collection of information that is of utmost importance for the topic of study. It was applied to a sample of 118 citizens. It is concluded that the existence of a regulation that supports legal pluralism is null. The legal system of the Indigenous peoples is not within the positive law, since it is only based on the transmission of ancestral knowledge in a verbal way, the reason for which it has not been possible to issue a regulation that harmonizes the coexistence of two or more systems within the territory.




How to Cite

Francisco Alejo Guanoluisa Almache, Carlos Javier Lizcano Chapeta, & Luis Andrés Crespo Berti. (2024). Indigenous Justice in the Ecuadorian Constitution. Kurdish Studies, 12(1), 4721–4729. Retrieved from