Motivación en las sentencias emitidas por los Jueces de Primer Nivel en Ecuador

Abstract

Abstract: This research paper aims to analyze the stages that occurred in relation to process No. 01333-2018-03145 regarding the Río Blanco Mining Project, in which there was a violation of rights recognized in the Constitution of the Republic of Ecuador (C). It arose from a protection action filed by Indigenous and community leaders from Azuay, such as Félix María Gutama, Arariwa Sigcha Vélez, and Yaku Pérez, against the authorization of the Río Blanco mining project in the Molleturo parish. The communities denounced that the State, through the Ministry of the Environment and the Ministry of Mining, allowed the project to be carried out without conducting a free, prior, and informed consultation, as required by the Constitution. They alleged that their collective rights were violated and that the principles of due process and citizen participation were not respected.