Legal pluralism in Ecuador, is there any real applicability in the criminal field?

Abstract

The indigenous culture and traditions have been minimized for many years due to the imposition of Western practices, which usually are presented as ideal and unique. However, since 1998 the Ecuadorian Constitution, in Article 191 recognized the ancestral practices as an alternative method of resolving internal conflicts within the various indigenous communities; which, following the 2008 Constitution, has been potentially reaffirmed. However, none of them have set limits on jurisdiction matters. This invites us to think that, in theory, indigenous jurisdiction could be extended to all areas, including the criminal one. Nevertheless, after the recent entry into force of the Código Orgánico Integral Penal, we must ask whether our legal system envisages a real application of indigenous justice as a mechanism to resolve commitment of crimes. Therefore, this investigation will treat, in first instance, the legal monism perspective of Law and its evolution under Ecuadorian law towards the legal pluralism. Subsequently, it will be analyzed the introduction and recognition of this vision within the Ecuadorian legislation; and finally, based on the information gathered, arrive to the conclusion of whether there is an effective implementation of legal pluralism in criminal matters.