The Impact of Legal Pluralism on Ecuador's Regulatory System

Abstract

The antecedents of legal pluralism in the historical and cultural context of Ecuador emerge as an intricate fabric linked to the history and culture of the country. Since Spanish colonization, there has been a coexistence between European and indigenous legal systems, generating tensions and conflicts. The effects of legal pluralism in the Ecuadorian regulatory system present both challenges and opportunities. Conflicts may arise between regulatory systems, but doors also open to the inclusion and participation of historically marginalized groups. There must be a balance between cultural diversity and the coexistence of non-indigenous and indigenous legal systems, which in turn represents a notable advance for a more inclusive, just and democratic society. The analysis of legal pluralism in Ecuador highlights the importance of OIT Convention 169 in the recognition of indigenous rights. This legal instrument marks significant progress towards the protection of the rights and traditions of indigenous communities, recognizing the existence of pluralistic legal systems in Latin America. The Ecuadorian Constitution stands out for its focus on the Plurinational State, reflecting a commitment to decolonization and unity in diversity.