La práctica de la justicia indígena en la comunidad Kichwa Kanari San Pedro de la provincia de Cañar

Abstract

The paper takes a theoretical journey through the different conceptions put forth regarding legal pluralism, with special emphasis on the perspectives provided by Latin American authors. Furthermore, based on critical legal theories, it recognizes the legal nature of ancestral justice systems of indigenous peoples and their emancipatory and transformative potential in challenging power structures that, founded on processes of colonization, marginalize non-dominant cultures and ways of life. It also provides a description of the national and international regulatory framework that governs the right of indigenous peoples and nationalities to exercise jurisdictional powers through their authorities, while also outlining the constitutional limitations to which such jurisdictional power is subject. Finally, through the use of qualitative methods such as participant observation and semi-structured interviews, combined with case analysis, it presents the functioning of the indigenous justice system in the community of San Pedro in the Province of Cañar.