Tolerancia cultural en la jurisprudencia constitucional ecuatoriana. El caso de los pueblos Waorani y Taromenane

Abstract

The Constitutional Court of the Republic of Ecuador is dealing with new issues, derived from the recent constitutional recognition of ancestral peoples and cultures. The legal frame of the state seems to be not related to the ancient juridical practices of those peoples. Indeed there are several judicial cases in which are clear confrontations between two juridical systems. The Constitution recognizes the existence of a legal pluralism in Ecuador and gives equal value to the indigenous law and the indigenous justice in front of the system of justice of the State. So a new intercultural vision is needed. This new perspective is revised from the point of view of the toleration and of a remarkable case that involves two indigenous communities.