Indigenous justice and due process: trial case in the San Rafael commune

Abstract

This article analyze a case of trial carried out in the indigenous community of San Rafael, in the province of Cañar in 2013. For which a bibliographic review of articles published in indexed journals, reference texts was developed, national and international regulations and legal corpus of Ecuador. It was found that there was a breach of the due process established in the Constitution (2008) and in the COIP (2019). Certain flaws were found such as: inaccuracies and shortcomings in the execution of the investigation phase, and in the collection of evidence. It is concluded that the shortcomings, gaps and disrespect for due process could lead to a direct impact on the right of citizens to receive a fair trial.