Legal psychology and its applicability in indigenous justice in Ecuador

Abstract

The 2008 Constitution of Ecuador recognizes legal pluralism and indigenous jurisdiction, which has led to scenarios of coexistence between ordinary justice and indigenous justice within the same territory. In resolving community conflicts (llaki), indigenous authorities frequently require specialized technical criteria, which are channeled through professional expert testimony in the llaki case. This article aims to examine the role and applicability of legal psychology, in conjunction with cultural-anthropological expert testimony, within indigenous justice processes in Ecuador. To this end, a qualitative, documentary methodology was used, based on the compilation and review of normative, doctrinal, and jurisprudential sources from the Constitutional Court corresponding to the period 2021–2025. The findings show that, although anthropological expert testimony constitutes the main means of culturally contextualizing the facts; Legal psychology contributes relevant complementary elements, such as the evaluation of testimony from a cultural perspective, the assessment of psychosocial harm, and the understanding of community dynamics in building the social fabric within the geographical context. It is concluded that Ecuadorian law does not restrict the appointment of experts qualified by the Council of the Judiciary of Ecuador when requested by the indigenous justice authority to issue an expert report in a specific llaki (traditional Andean community) or conflict, and that strengthening expert testimony with an intercultural approach constitutes a guarantee of due process and legal pluralism.