THE INDIGENOUS JUSTICE SYSTEMS OF THE ANDES: ECUADOR AND BOLIVIA, A TRANSFORMATIVE CHANGE TO ACHIEVE THE 2050 VISION FOR BIODIVERSITY

Abstract

This text analyzes the historical, constitutional, and jurisprudential development of Indigenous Justice and the Plurinational State in Ecuador and Bolivia, connecting these advancements to the vision of biwodiversity for 2050 (IPBES). In Ecuador, the trajectory begins with the founding of the Republic in 1830, marked by the exclusion of the working and indigenous classes, culminating in the 1990 uprising and the consolidation of the 2008 Constitution, which recognized the intercultural and plurinational State and the supremacy of Indigenous Justice (Art. 171). In Bolivia, the historical process gained momentum with the "Katarista" movement in the 1970s and the 1990 march, consolidating in the 2009 Constitution under the government of Evo Morales, which established the Indigenous Peasant Jurisdiction (JIOC) on an equal hierarchical level with ordinary justice. The study uses precedents from the Constitutional Courts of both countries to demonstrate how legal pluralism and the right to self-determination operate in practice, promoting decolonization and harmony between humankind and nature.