El déficit de protección del conocimiento tradicional en el marco constitucional ecuatoriano: Democracia monista y persistencia de la colonialidad

Identifier:  TDX:4191

Handle: https://hdl.handle.net/20.500.11797/TDX4191

Authors:  Matos Jaqui, Ena

Abstract:
This doctoral thesis is based on the deficit presented by the protection of traditional knowledge in Ecuadorian constitutionalism. The constitutional historical framework that begins in 1812 describes the consequences of the constitutional matrix based on the monism of sovereignty and the monocultural pattern as a response to the capitalist world-system, highlighting power structures between the center and the periphery. A model that reveals the ideological vision of contemporary International Law supported by legal monism, applying the conditions of the form of social organization and the right to property. Thus, the exclusion of native peoples was promoted through citizen access and the exploitation of natural resources. Traditional knowledge (TC) has also been exploited and, despite the benefit it has brought to the dominant culture, it has not been valued or legally recognized until the end of the 20th century. With the implementation of the socioeconomic and institutional structure encapsulated by the cultural homogenization that alludes to the constitutional development during the republican life (1830-2008), laws such as mining and the Ingenios Code (2016) were formulated, according to with the logic of development prosecuted by technoscience, without actually articulating socio-environmental responsibilities, nor clear rules on the distribution of benefits.