La justicia indígena en el Ecuador “análisis jurídico del caso de juzgamiento por abandono de una niña recién nacida, efectuado en la comunidad indígena de San Rafael, provincia del Cañar, año 2013"

Abstract

The objective of this research was to: Legally analyze the case of prosecution for abandonment of a newborn girl, carried out in the indigenous community of San Rafael, in the province of Cañar, year in 2013. For which a hermeneutical approach to articles published in indexed journals, reference texts was developed, national and international regulations and the legal corpus of Ecuador. The legal analysis of the trial process allowed us to observe that there was a breach of due process established in the Constitution (2008) and in the COIP (2019). Certain failures were found, such as: inaccuracies and shortcomings in the execution of the investigation phase, in the collection of evidence and in the impartiality required of the bodies responsible for administering the process. It is concluded that the shortcomings, gaps and disrespects to due process could result in the direct affectation of the right of the inhabitants to receive a fair trial, which, in turn, leads to social harmony within the communities can be disturbed.