Jurisdictional functions of indigenous justice authorities: External obstacles to the full exercise of this right

Abstract

This article addresses the difficulties faced by indigenous justice authorities in Ecuador in fully exercising their functions. Although the 2008 Constitution recognizes their right to administer justice within their communities, in practice obstacles persist that limit its application. One of the main problems lies in the lack of coordination with ordinary justice, which has generated conflicts of jurisdiction and resistance by some state judges. In addition, the failure to comply with article 345 of the Organic Code of the Judicial Function, which establishes the procedure for the decline of jurisdiction, demonstrates the absence of effective mechanisms that force compliance. As a result, decisions of indigenous justice are often unknown by judicial operators, affecting the consolidation of legal pluralism in the country. The analysis highlights the need to establish sanctions for judges who do not respect current regulations, as well as to strengthen training in interculturality for justice operators. Likewise, it is proposed to improve the articulation between both legal systems, guaranteeing that the recognition of indigenous justice is not only formal, but also translates into its effective application. Through a normative and doctrinal approach, the study suggests alternatives to strengthen the exercise of indigenous justice within the Ecuadorian legal framework and ensure its respect within the country's judicial system.