Estándares de la Consulta Popular del Bloque 43 Itt (Ishpingo-Tiputini-Tambococha)

Abstract

Abstract: Abstract This study analyzes Constitutional Court Ruling No. 6-22-CP/23, by which the Constitutional Court of Ecuador approved the popular consultation regarding Block 43 ITT (Ishpingo, Tiputini, Tambococha). The research examines whether the ruling complied with the legal and constitutional standards required by Ecuadorian law, evaluating key aspects such as the clarity of the question, respect for the principle of legal certainty, the guarantee of free, prior and informed consent of directly affected Indigenous peoples, and the application of the principle of progressivity of social rights. Using a qualitative, legal-interpretative approach and based on national legislation and jurisprudence, the study concludes that, although the question was formally validated, the ruling failed to adequately consider the structural effects of the measure or ensure coherence between participatory democracy and the constitutional rule of law. The research proposes guidelines to improve constitutional control in future consultations, establishing substantive limits and reinforcing the principles of intergenerational and territorial justice. This study contributes to the strengthening of constitutional democracy in Ecuador by offering a critical perspective on the use of direct participation mechanisms in matters of strategic national importance.