Due process in indigenous justice

Abstract

The coexistence between Indigenous and ordinary justice in Ecuador presents challenges for due process. This article aimed to critically analyze the Indigenous justice system in the communities of Chibuleo and Pilahuín to determine whether due process is guaranteed. The methodology employed was qualitative, with a descriptive approach and documentary analysis of normative, jurisprudential, and doctrinal sources. The results of the comparative study reveal that both communities develop restorative systems with structured conflict resolution phases. However, differences are observed in their degree of formality and the full guarantee of procedural rights. Although the Constitution recognizes Indigenous justice, the Constitutional Court of Ecuador has emphasized that its exercise must respect human rights. In conclusion, it is crucial to strengthen an intercultural approach to law. This entails harmonizing community autonomy with unrestricted respect for due process, which can be achieved through legal training and greater coordination with the ordinary justice system. This harmonization is essential to ensuring equitable justice in Ecuador's plurinational context