Derechos colectivos como participes en las decisiones del Estado, análisis jurídico y práctico.

Abstract

This work addresses the concerns of community authorities and those of us who seek to understand how collectives formed by Indigenous peoples operate and how their ancestral rights function. It can be somewhat complex to grasp why the practices aimed at achieving equity within these human groups may not fully align with national laws or even with international convention standards. However, it is important to clarify that many conventions do recognize and respect Indigenous cultures and their own legal systems. This paper analyzes the ruling in Case No. 0134-13-EP, as it is the Constitutional Court itself that accepted the extraordinary protection action filed by the Kichwa community Unión Venecia “Cokiuve.” They argue that the lower court rulings blatantly violated the constitutional rights recognized for Indigenous peoples, communities, and nationalities, particularly the right to make decisions according to their own legal frameworks within the State. From the analysis of these major issues, we can conclude that even though national legislation penalizes certain actions or behaviors of its citizens, the laws and customs governing Indigenous communities must be respected, provided they do not cross into abusive conduct. In the case under study, a comparison between Indigenous justice and ordinary justice reveals that there are not many differences, as every group or association is governed by its statutes, which in turn express their representativeness.