Abstract

ALVAREZ LUGO, Yesica. Postdevelopmental legal pluralism in the Montecristi Constitution. Foro [online]. 2020, n.34, pp.7-23. ISSN 2631-2484.  https://doi.org/10.32719/26312484.2020.34.1.

This article focuses on the analysis of the potentialities of the Montecristi Constitution to allow progress towards the construction of a type of legal pluralism understood in postdevelopmentalist key. Indigenous peoples can be considered as a paradigmatic case of joint vindication of legal pluralism and alternatives to development on the basis of their territorial rights. These claims are inexorably united and that is why this paper will begin by analyzing the indissoluble character that for certain indigenous peoples the defense of their territories has with respect to the defense of their own legal systems and their ways of life in harmony with Nature. Secondly, and without losing the thread of the previous study, what is understood by “postdevelopmentalist legal pluralism” will be presented, a concept that will later be related to the constitutional articles linked to the Sumak Kawsay/Buen Vivir, rights of Nature and the plurinational and intercultural State present in the Montecristi Constitution. The interrelated reading of this article will be what allows us to sustain in a theoretical plane that the Ecuadorian constitutional text of 2008 has a potentially transforming character that could serve as a political-juridical tool of overcoming the monist legal doctrine and the conventional-economicist development model.

Keywords : legal pluralism; postdevelopment; indigenous peoples; territorial rights; Montecristi Constitution.

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