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Asserting their justice. The shuar vindicatory system and the development of indigenous justice

Abstract:

In Ecuador, the State’s recognition of indigenous justice systems takes place in a context where the legal framework is only partially made explicit, native communities debate their own legal model and their relationship with the State legal system remains ambiguous. This paper addresses the legal realities of one of these groups, the Shuar, drawing on a case study carried out in Nangaritza and on bibliographic work. First, a characterisation of the Shuar traditional justice is attempted. Then, certain dynamics of change, as well as the relationship between the Shuar and the State’s representatives, is described. Finally, hypotheses are proposed concerning the adaptation of Shuar justice to the new constitutional framework and its formalisation process.