The contribution of the constitutional court in guaranteeing the rights to prior and prelegislative consultation of indigenous communities.

Abstract

The Constitutional Court, as the highest organ of the State, stands as guarantor of the constitutional State of rights and justice, watching over plurinationality and interculturality. Despite its crucial role in the administration of constitutional justice, especially in cases related to the rights of indigenous peoples, reality shows that the court's decisions are not always effectively translated into governmental actions. This disconnect between judgments and practical implementation by the central public administration has led to the violation of indigenous collective rights. This theoretical analysis aims to examine the limitations of the Constitutional Court's rulings, its role as guarantor of the effectiveness of rights, and to propose parameters that will prevent future violations, thus preserving legal security and constitutional supremacy in Ecuador.