El diálogo intercultural en la consulta previa: análisis de los estándares de participación en Ecuador

Abstract

Abstract: Prior consultation is a mechanism designed to guarantee the autonomy rights of Indigenous peoples in Ecuador regarding their territories rights endorsed by both domestic and international law, given the State's intercultural and plurinational nature. Accordingly, this research aims to analyze the standard of cultural appropriateness within processes of free, prior, and informed consultation, framing it as an essential guarantee for the realization of plurinationality. Through a literature review employing hermeneutic and deductive approaches, the study examines how a lack of cultural relevance in the relationship between the State and Indigenous peoples results in a form of legal epistemicide and state monism. Essential criteria such as consent and the principle of good faith are identified, with the argument that failure to observe them constitutes grounds for procedural nullity. Finally, the jurisprudence of the Ecuadorian Constitutional Court is evaluated to demonstrate that cultural appropriateness serves as a tool to break with the colonial paradigm, enabling a transition toward genuine legal pluralism.