ABSTRACT
A third and final case study will be presented in this chapter, which constitutes a continuation of the discussion in the previous two chapters. The first empirical chapter on the “Rosita vs. Miguel case” was about a minor local conflict that was settled locally by the teniente político. Building on that local case, the next empirical chapter on the Toaquiza case showed how a local conflict could develop into a national lawsuit. The case examined in the present chapter shows how the “internal” aspect of a conflict becomes one of the legal questions that needs to be addressed by the judge. It is about a homicide in the village of Zumbahua that involved members of the Guantópolo community, and that was initially adjudicated by the cabildo of the community of La Cocha. As was the case with a previous murder case in La Cocha (in 2002), this case attracted nationwide attention. That is how an internal conflict that was initially settled locally became the subject of a lawsuit in the national courts, with the provincial Court of Justice as well as the national Constitutional Court in Quito both becoming involved.2 And, as will be shown, this was also a political case. As such, it provides a perfect illustration of legal and political controversies regarding the contemporary situation of formal legal pluralism.
