La justicia indígena en el Ecuador: análisis de la sentencia modulatoria emitida por la Corte Constitucional del caso “La Cocha”

Abstract

This research has focused mainly on studying thoroughly the case in theCocha, Cotopaxi province about the murder of Marco Antonio Olivo on May 9, 2010, in order to know the legal limits, jurisdiction and authority to do indigenous justice.

As it is aware conflicts arising in indigenous communities are resolved based on their ancestral customs, without considering laws on which is based the regular court.

Scrutinizing different legal bodies on which relates the recognition to the application of indigenous justice such as the Constitution of the Republic of Ecuador, Organic Code of the Judicial Function, OIT agreement 169 about indigenous and tribal towns in independent countries, Organic Code of Territorial Organization, Autonomy and Decentralization and the Organic Law on Jurisdictional Guarantees and Constitutional Control, in order to that there is no violation to human rights with the application of indigenous justice, and thus give to the reader an updated overview about what is happening in indigenous communities, towns and nationalities.