APPLICATION OF CONSTITUTIONAL DUE PROCESS GUARANTEES IN THE INDIGENOUS JUSTICE SYSTEM OF THE COMMUNITIES OF OLMEDO, CANGAHUA AND PICALQUÍ

Abstract

The article analyzes the application of constitutional due process guarantees in Ecuador's indigenous justice system, focusing on the communities of Olmedo, Cangahua, and Picalquí, from an intercultural, constitutional, and inter-American perspective. It does so by understanding the Andean worldview as the foundation of indigenous law, its relationship and vision of the world, and the balance of the community as structural pillars of its communal practices. It examines the evolution of indigenous law and its recognition in Ecuadorian constitutions, up to the provisions of the 2008 Constitution and the jurisprudential development of the Constitutional Court.

Analyzing the content and scope of due process guarantees as established in Article 76 of the 2008 Constitution of the Republic of Ecuador, in accordance with the American Convention on Human Rights, incorporating relevant jurisprudence from the Inter-American Court of Human Rights. Examine the procedure followed when resolving conflicts in indigenous justice and how due process guarantees are applied in concrete terms and in relation to their worldview, focusing on the right to be heard, the right to defense, motivation, and proportionality in sanctions.