Análisis socio-jurídico de los derechos colectivos de la Comunidad Amazónica de Acción Social Cordillera del Cóndor (CASCOMI) relacionado al Proyecto Minero Mirador. Caso Nro. 17371-2018-00394

Abstract

Abstract:This research deals with the collective rights of the Amazon Community of Cordillera del Cóndor Social Action (CASCOMI) related to the Mirador Mining project. To do this, we will focus on case No. 17371-2018-00394, on protection action as a means of enforceability in the face of large-scale mining extractivism, mainly due to the violation of their rights, degradation of their territories, not applying participation mechanisms in accordance with national regulations and international conventions. The qualitative methodology was used, especially the documentary review, additional, in-depth and semi-structured interviews were carried out with CASCOMI leaders, as main defenders of their territories, as well as lawyers and administrators of justice, to learn about the applied socio-legal perspective in these scenarios, also the aptitude of the protection action for the protection of the rights in conflict. Being able to determine that the local indigenous community has generated several legal actions to demand their fundamental constitutional rights and especially those related to nature. Finally, theadministrators of justice do not have in-depth knowledge of the socio-cultural and environmental implications in relation to extractive activities for indigenous communities.