Conflicts of competence of the indigenous jurisdiction vis-à-vis the ordinary jurisdiction

Abstract

The ordinary jurisdiction is governed by the common laws of law, while the indigenous jurisdiction is governed by the customary law of the traditions, customs and culture of indigenous peoples, communities and nationalities; and, it is from the application of this legal pluralism recognized by Art. 1 of the Constitution of the Republic of Ecuador, where conflicts of jurisdiction arise between these two jurisdictions, because there is no law regulating the coordination and cooperation between the ordinary and indigenous jurisdiction. For this reason, the main objective of the research is to analyze the conflicts of competence generated in the applicability of the indigenous jurisdiction vis-à-vis the ordinary jurisdiction. The methodology is based on a qualitative approach, which is carried out through the use of the bibliographic-documentary method, which is carried out through the analysis based on books, pamphlets, articles and other documentary materials that allow developing a deep investigation based on the collection of information of bibliographic and documentary indoles of great relevance to expand knowledge. This allows concluding that at present the indigenous jurisdiction is managed as an isolated world trying to regulate the coexistence of peace and harmony in its territory, and that the ordinary jurisdiction observes the pronouncements of the National Court of Justice or Constitutional Court of Ecuador, to be able to act in analogous cases, making use of the sources of law that these provisions emanate.