Abstract

CAGAS ONA, Ximena; MACHADO MALIZA, Mesías  and  CENTENO MALDONADO, Paúl Alejandro. Transcendence of indigenous culture and its legal intervention in society. Universidad y Sociedad [online]. 2021, vol.13, n.2, pp. 430-436.  Epub Apr 02, 2021. ISSN 2218-3620.

The indigenous authority will be in charge of complying and enforcing community norms, values and principles; Fundamental Principles: ama killa, ama llulla, ama shua; Solidarity, Reciprocity and Collectivity. Indigenous justice, however, does not exist as a result of a legislative policy decision motivated by technical or efficiency criteria, but rather it is born of the recognition of a right whose holder is a collective entity: "the indigenous people. It is a product of an indigenous people or community that has reserved its system of administering justice for many years in accordance with its uses and customs. Currently, there are inconsistencies with the application of justice in the communities of the different provinces of the country, given that our constitution defines the different types of crimes that indigenous justice can sanction. However, this has not been done in full compliance with this norm, because there are cases of attempts on the life of a human being in exaggeration for a minor crime. This is an attempt to explain the extent to which indigenous justice can reach a point where ordinary action cannot express an opinion, as long as it has the consent and mutual agreement of the communities that are applying their customary justice.

Keywords : Indigenous justice; customary justice; ordinary justice; law, human rights.

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