Comparative Law Study Of The Application Of The Special Indigenous Jurisdiction In Colombia And Ecuador

Abstract

This study, entitled "Study of Comparative Law on the Application of the Special Indigenous Jurisdiction in Colombia and Ecuador", analyzes the implementation of the Special Indigenous Jurisdiction (JEI) in both countries, under the Comparative Law approach. The research is structured in three scenarios: first, it addresses the historical evolution of the state response to indigenous demands on respect for their rights, both in the legal field and in the economic and social spheres. Second, it examines how the international normative frameworks, which have driven the constitutionalization of the JEI in both countries, have been received in Colombia, where multiculturalism predominates, and in Ecuador, which embraces plurinationalism.
The third scenario focuses on the practical challenges faced by indigenous communities when interacting with ordinary judicial systems, given the tension between the constitutional norms that support the JEI and the social and political realities that, in many cases, hinder its full implementation. Based on a critical review, this paper highlights the tensions between the different forms of justice, proposing an approach of harmonization through intercultural dialogue.
This study also addresses the criticisms of indigenous communities regarding Positive Law, the difficulties of coordination between indigenous and ordinary jurisdictions, and the solutions proposed to improve the effectiveness of the JEI. In addition, it suggests the creation of a harmonization law that respects the rights and autonomy of indigenous communities, recognizing their own forms of justice, as a basis for moving towards a model of effective legal pluralism.