Consulta previa y modelo extractivo: estándares constitucionales según la Corte Constitucional del Ecuador

Abstract

Abstract: This paper analyzes the content of the collective right to free, prior, and informed consultation of indigenous peoples in the context of extractive projects and how they affect Ecuadorian territories. This project is based on an analysis of the most recent rulings No. 273-19-JP/22 (A'i Cofán de Sinangoe case) and No. 1325-15-EP/22 (Shuar People vs. the Panantza-San Carlos mining project) issued by the Constitutional Court of Ecuador, its jurisprudence, and international precedents such as the Sarayaku v. Ecuador case and the ruling against Suriname v. the Saramaka People. The work methodology employed is analytical and qualitative, interpreting the concepts of anthropocentrism and biocentrism in relation to the recognition of the Ecuadorian State as plurinational and intercultural, as well as standards and principles developed in the jurisprudence of the Constitutional Court. The main objective is to interpret and analyze the correct application of free, prior, and informed consultation in the context of extractivist models in Ecuador, drawing from the national to the international legal framework.