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THE APPLICATION OF THE MAXIMUM PENALTY ON INDIGENOUS PEOPLES AND NATIONALITIES IN ECUADOR

Abstract:

Today’s society mistakenly considers ancestral practices as barbarisms, or confuses them with them, which calls into question the true nature of the traditions and what they represent for their members. In addition to ideological disagreements, there are also certain misalignments regarding the scope of civil laws in indigenous communities, a situation that is present in many countries that are home to indigenous civilizations. Only in recent years have efforts been made to establish more precise guidelines that allow respect for ancestral customs in matters of law, however, laws that allow a better understanding of the separation and respect that must be had towards indigenous justice have yet to be developed. In the present research we seek through the criteria of people from different communities to find out how the maximum penalty is applied in each civili-zation, its meaning, objective, and results. The main method to be used will be the system approach, since throughout the research the moments of analysis of the theory, diagnosis and proposal are integrated, likewise the methodological strategy proposal itself is an integrated whole of parts that seek to guide people towards a framework of respect for their customs, especially when it comes to legislation.