PRECAUTIONARY MEASURE AGAINST INDIGENOUS PERSONS IN ECUADOR: AN ANALYSIS OF ITS CULTURAL AND LEGAL APPROPRIATENESS

Abstract

Objetive: This article analyzes the appropriateness of pretrial detention when used as a precautionary measure in criminal procedures against Indigenous persons in Ecuador. Theoretical structure: The theoretical framework is based on the doctrine of criminal guarantees and the conventional obligations of the Ecuadorian state, mainly from inter-American jurisprudence. The discussion is complemented by a critical analysis of positivism and the persistence of the colonialist vision in the institutionality of the criminal justice system. Method: A doctrinal and jurisprudential approach is carried out, which is complemented with an analysis based on the ethnographic approach and interpretation of the normative as discourse. Conclusion: With regard to pretrial detention, Inter-American law has developed standards that will be analyzed in the framework of cultural diversity, seeking to establish a few guidelines for an intercultural interpretation, in which Indigenous authorities may participate in the precautionary guarantees. Therefore, the Constitutional Court of Ecuador has rendered many judgments that adhere to intercultural guidelines for cases and trials against Indigenous peoples and nationalities.