Indigenous Justice: Ordinary Justice and Constitutional Justice
INTRODUCTION
In the present work we will talk about justice, we will analyze its meaning and the types of justice that exist, we will also reflect in Ecuador, what kind of justice is fulfilled and what would be the ideal justice that we could implement in our country. The concept of justice has evolved throughout history, and depends on each philosophical school and on each person the conception of law, as Aristotle said justice was the sum of all virtues, Ulpiano defines justice how to give to eachWho corresponds, while Cicero refers to justice how to attribute to each one of his.
In the essay we will try to cover the notion of justice, the idea we have to arrive asia a fair right, is endowed with a special connotation in the field of judicial decisions, since those who are supporters of all decisions The judges aspire to be providedA satisfactory response, both for individual interests, and for general general interests. But not in all cases, since, there are not few times when the solutions that come from the legal system are insufficient, regarding such requirements. (Hormaza, 2017).
Indigenous justice
Justice: work and judge respecting the truth and as Ulpiano tells us "to each one what corresponds"
Indigenous: these are communities that assume an ethnic identity based on culture and traditions.
Indigenous justice only tends to be applicable for the mimas communities of those who make it.
Article 1 of the Constitution recognizes the constitutional equator of Law and Justice, Intercultural and Plurinational, which allows to assess and respect the diversity between cultures and nationalities.
Indigenous justice consists in the purification of people who have committed a crime in such a way that harm their community, since it is only applicable to people who make up the indigenous community. These ancestral traditions have been preserved until today, indigenous justice arises to assess and guarantee the rights of communities ensuring compliance with the same duties of citizens and their rights, in order to guarantee the common good between communities between communities.
It is cultural, and efficient, the sanction is public, healing and oriented to reincorporate the community to people;Community norms are based on the customs and uses of each community, indigenous authorities have competence in all matters;Applies own principles and is based on respect for life, harmony, common good, order, forgiveness, respect for the elderly and tolerance.
Article 71 of the Constitution tells us: the authorities of the communities, indigenous nationalities will exercise jurisdictional functions, based on their ancestral traditions and their own right, within their territorial scope, with guarantee of participation and decision of women. The authorities will apply their own norms and procedures for the solution of their internal conflicts, and that are not contrary to the Constitution and the human rights recognized in international instruments.
The aforementioned law will guarantee respect for the decisions of indigenous jurisdiction, based on its ancestral traditions and its own right, since the agreement is a plurinational country as indicated by the Constitution, respecting its ancestral traditions. In such a way that there is coordination between indigenous justice and ordinary justice.
The purpose of indigenous justice is not that people are serenity and take them to rehabilitation centers, their objective is to purify these people, forgive them and that they integrate into the community, since indigenous justice is carried out from aPainful way, so that people ask for forgiveness, because of their actions committed and reflect, that is the objective of indigenous justice that today is in force in Ecuador and it is respected by all and all Ecuadorians.
Ordinary Justice
Ordinary Justice: “It is one that does not recognize privileges, nor is it regulated in exception courts. It has power over all causes and lawsuits that happen in a district ”.
"It usually resides in the judges of first instance. Afforated persons, known as aforement.
The objective of ordinary justice is to give a model for the magistrates can provide justice for peasant communities and all their migrant members since they try to ensure individual and collective rights in the judicial processes that people involve.
The word justice has different concepts such as giving each one what Ulpiano deserves, also eye for an eye and tooth for proverb tooth and finally that of Aristotle that separated it into two classes: general and particular justice:. If we want to understand ordinary justice we can only do it if we know what justice is.
As our title says it is present article on ordinary justice is linked to indigenous justice since this is where acts are committed that make indigenous justice not so validity, and that is why the need to highlight this issue in order to be able tohave a better conception of what ordinary justice represents in indigenous justice.
Example: A person who commits a robbery in an indigenous community and this has the act of regulation of behavior to indigenous justice will be punished with the sanctions imposed by this type of justice and cannot be investigated by ordinary justice since it has already compliedWith the sanction and if the ordinary justice does these investigations would be lacking the legitimacy of this justice and therefore the right to the non bis in idem would be violated that as a result it would be the double judgment.
The duty of ordinary justice is to resolve criminal acts that attempts against people’s lives, since it is through the sovereignty they have have the jurisdictional power, to create justice according to their competence.
Many of the judges of the Sierra do not respect indigenous justice and initiate criminal proceedings against indigenousright to due process that indigenous peoples and nationalities have.
Ordinary justice is also an act of regulation for indigenous justice. We can appreciate it in the following example.
Ordinary justice is exposed to prosecute the indigenous of the Guachacal community that does not respect the life of his sentimental friend and this act is represented as domestic violence that is not proper to indigenous justice, since it is a superior constitutional merit.
The ordinary justice opened a file with the respective investigations since this sentimental couple of the indigenwhat the State should guarantee that people respect life, freedom and legal certainty.
Justification
- Democracy.
- Constitutional State of Law.
- Justice and rights.
Birth
- Constitutional justice has its origin in the superior and fundamental nature of the Constitution, which serves to guarantee and strengthen the fulfillment of its hierarchy and its text.
- Need to affirm and defend the structure of the State.
- Marbury vs Madison.
Concept
Constitutional justice is guarantor and defender of the Constitution and refers to constitutional processes as long as the constitutional jurisdiction regarding the specialized organs that process the constitutional processes.
Structure
- First level courts.
- The provincial courts.
- The National Court of Justice.
- The Constitutional Court.
Constitutional justice controls the separation of power in the resolution of conflicts between functions and strengthens democracy, thanks to the control of the legality of the administration of administrative contentious and the control of constitutionality.
CONCLUTION
After brief analysis that we have performed about the justices, which currently exist in our country, we can fully lead that, they are of great influence and importance to regulate behavior, based on principles and values of which we have exercised, as culture, custom, that have evolved as such as the concept of justice as in ordinary justice and constitutional justice since they left for needs and as the societies themselves have evolved, but all with the same objective of regulating and guaranteeing the rights ofpeople.
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