Piatúa case and the free, previous and informed consultation. A vision from the constitutionality.

  • Aurelio Agustín Quito Cortés
  • Manuel Ricardo Velázquez.
Keywords: previous, free and informed consultation, collective rights, rights of nature, protective action

Abstract

In the present work, a study of the Piatúa case, of the Pastaza province in Ecuador, applying a qualitative methodology, is carried out in the approach made to it through the judgment of the constitutional court that knew it. The demand made by stakeholders to the application for a protection action is analyzed, considering that the State, in authorizing the development of the hydroelectric project acted unconstitutionally. An analysis of the parties' arguments and their correspondence with the legal order and doctrinal examination was carried out.

Published
2019-12-01