The principle of innocence in the administration of indigenous justice in Ecuador

Abstract

The administration of indigenous justice in Ecuador is characterized by having different schemes and ways of resolving a conflict; That is to say, each Aboriginal community and nationality applies indigenous justice according to its worldview, customs, and traditions; however, in general, the principle of innocence that emanates from positive law is also observed within ancestral jurisdiction. The objective of the manuscript is to critically analyze the procedure applied in the administration of indigenous justice to determine whether the principle of presumption of innocence is guaranteed. To carry out this activity, the inductive, analytical, customary, and descriptive method is used; Due to the vision, the objectives, and the complexity, a mixed qualitative-quantitative approach is assumed; It is pure, dogmatic, legal analytical, and descriptive legal; non-experimental design. The population involved is made up of Constitutional Guarantees Judges and indigenous authorities, to whom a six-question multiple choice questionnaire is applied. The results indicate that the investigations and tests determine the innocence or not of the accused, on the other hand, the main evidence that is analyzed within indigenous justice to determine the guilt of the offender is the testimony and background of the offender, this allows conclude by pointing out that if the principle of presumption of innocence is guaranteed in the administration of indigenous justice.