El enfoque restaurativo desde la justicia indígena: análisis de las resoluciones frente a la justicia ordinaria

Abstract

The thesis explores the effectiveness of indigenous justice in the Shiña community, highlighting three fundamental pillars: its regulations for harmonious coexistence, its participatory judicial processes, and active community involvement. The analysis reveals that this system prioritizes the restoration of social equilibrium and the inclusion of offenders, as opposed to the punitive approach of ordinary justice. In the first chapter, the theoretical framework of restorative justice and its application in indigenous contexts are examined. The principles of reconciliation, reparation, and social reintegration are emphasized, showing how these values are reflected in the Shiña cosmovision. The second chapter details the organizational and normative structures of the community, highlighting the roles of the cabildo and the general assembly as the highest authorities. The third chapter analyzes key factors contributing to community satisfaction, including normative flexibility, transparency in processes, and the use of restorative sanctions such as community mingas and reconciliation ceremonies. The findings show that indigenous justice in Shiña not only significantly reduces recidivism but also strengthens cultural identity and social cohesion. This model, based on ancestral values, offers valuable lessons to enrich the Ecuadorian justice system.