Abstract

MELO-URRESTA, Joselin Valeria; INFANTE-MIRANDA, Maria Elena  and  MONTECE-GILER, Salomon Alejandro. The right to prior consultation in case 273-19-jp/22, Sucumbíos, Ecuador. Noesis [online]. 2025, vol.7, n.esp1, pp.1615-1632.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.522.

This research conducts a critical legal analysis of the right to prior consultation in case No. 273-19-JP/22 of Sucumbíos, Ecuador (2019-2021). Using a qualitative methodology with analytical-synthetic, inductive-deductive, and exegetical methods, along with interviews, the Constitutional Court's ruling was examined. The ruling determined that this right had been violated by the Ministry of the Environment and the Decentralized Autonomous Governments, highlighting a lack of procedural regulation in Ecuadorian law. As a result, a proposal for reform was drafted using comparative law, arguing for the need for specific regulations governing the prior consultation procedure. It is concluded that, although the constitutional mandate exists, it is imperative to establish a regulatory framework that effectively protects this fundamental right.

Keywords : Constitutional law; prior consultation; free and informed; Ecuadorian legal regulations..

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