The legal pluralism through the recognition of the principle of self-determination of indigenous peoples

Abstract

This article focuses on analyzing legal pluralism through the recognition of the principle of self-determination of indigenous peoples, determining that the path to a model of self-administration of justice for indigenous communities can begin with community mediation. The starting point of the study problem is characterized by the fact that in recent years Ecuador has witnessed a significant pressure to address the historical problems of the original peoples of its territory, mainly due to the International Treaties signed and ratified by Ecuador that recognize the right to self-determination of the original peoples, tending the Ecuadorian State to recognize and promote a model of self-determination. In the methodological field, a qualitative approach of descriptive type is presented, in addition, the use of a survey directed to fourth semester students of Law with a pluralistic approach of the Amawtay Wasi University is proposed. Among the main results it is determined that half of those consulted consider that legal pluralism represents a system of social separation between the people and the State.