Interlegality in the community of “Mercedes Cadena,” Guamote: analysis of the relationship between indigenous justice and ordinary justice

Abstract

This article analyzes interlegality in the "Mercedes Cadena" indigenous community in the Guamote canton. This article focuses on a theoretical and normative study of Indigenous justice in relation to ordinary justice, complemented by fieldwork through interviews with community leaders and a review of cases brought before their authorities. Within the theoretical context, this article analyzes the history of Indigenous justice and its constitutional recognition, Indigenous justice practices and their relationship with ordinary justice, and in particular the issue of the declination of jurisdiction from the former to the latter upon request to the judge hearing the case. It concludes that there is no evidence of interlegality in conflict resolution within the community, and that there is a positive view of ordinary justice, provided that the autonomy of Indigenous justice and its ancestral practices are respected.