PHILOSOPHICAL APPROACH TO INDIGENOUS JUSTICE IN ECUADOR AND ITS JURISDICTIONAL PRACTICES

Constitutionalization of indigenous justice in Ecuador and several Latin American countries is considered a paradigmatic achievement of indigenous cultures. This indigenous odyssey has undergone several processes that reveal the fundamental pillars that support it, which in short are three: The first is the history of the indigenous struggles to vindicate themselves in their territories seized by conquest and colonization; The second is the pressure exerted by international instruments on countries to include regulations favorable to indigenous rights; and The third and least studied is the philosophy underlying the indigenous worldview, which gives reason and meaning to their being, living and acting in all areas of their lives. Hence, the humanizing paradigm of contemporary law that seeks to link an almost invisible philosophy and replaced by the philosophy of the West, but which remains latent in the communes and indigenous communities.