Plantas sujetas a fiscalización, usadas por los pueblos y nacionalidades indígenas, frente al IUS PUNIENDI

Abstract

The present scientific article is about the towns and indigenous nationalities of Ecuador, who have as practices and ancestral mores, the utilization (sowing, cultivation, and consumption) of plants like coca, cannabis, ayahuasca, among others, which ones are used in their natural state. This custom of towns and indigenous nationalities, we present them in front of the punitive power of the state and the faculty that has of sanctioning conducts that are find typified in the Comprehensive Organic Code Penal. For this, we have taken as reference the case Nr. 02241-2013-0002, in which it applies a method and approach, i.e., qualitative-quantitative. Accompanied of normative, doctrinaire, and jurisprudential criteria, as the same as criteria issued by international treaties signed by Ecuador. In this way, it is possible to determine the action of the punitive power against the customs of the peoples and indigenous nationalities and in turn, an analysis of weighting of rights and respect for what is established in the 2008 Constitution of Ecuador is carried out. Seeking in this way a comprehensive guarantee towards the rights of peoples and indigenous nationalities. In this way, it is identified that the customs of peoples and indigenous nationalities cannot and should not be transgressed by the punitive power of the state, but rather persecution and discrimination against the behaviors and acts that peoples and nationalities may have due to its own and the ancient customs that were adopted long before the in Ecuador.