Efetividade do direito na sociedade: autonomia ou não da justiça indígena?

Abstract

The main objective is to verify whether or not there is autonomy of the indigenous justice before the State justice in Ecuador, after the recognition of plurinationality by the Constitution of 2008. In order to attain the objective, the contents of the de-cisions made by the Constitutional Court of Ecuador dealing with the Such as the famous La Cocha Case. The theoretical referential brings concepts linked to the cultural diversity approach and also addresses the constitutional changes in Latin America, which were translated into the New Latin American Constitutionalism. Finally, we have brought a debate on human rights and indigenous justice. In rela-tion to the decisions analyzed, it was verified that there are points that point to-wards an autonomy and others that demonstrate a position of inferiority of the in-digenous justice before the State justice.