El carácter vinculante de la consulta previa, libre e informada en Ecuador (Caso pueblo Waorani).

Abstract

The Prior consult, free and informed consultation as it is a fundamental right, for the indigenous, Afro-Ecuadorian and Montubia peoples, nationalities and communities, which is recognized both in the Constitution of Ecuador and in international conventions, treaties and jurisprudence, which has generated a discussion around its scope and the effect of it. In this sense, for its study at first, it starts from the analysis of the hegemonic or traditional democratic structures, such as representative democracy, continuing with the study of participatory democracy, the constitutional progress in Ecuador on issues of participation rights and collective rights, to focus in this way, the double dimension of prior consultation, as a participation mechanism and as a fundamental collective right of communities, peoples and nationalities. As the prior consult, free and informed consultation is a fundamental collective right for the survival of indigenous, Afro-Ecuadorian and Montubian communities, people and nationalities, are being recognized by the Constitution of Ecuador, as well as in international agreements and treaties, and are developed by the jurisprudence of the Inter-American Court, in this framework, in order to comply with its fundamental objective, which is to reach agreements, for which is to obtain the consent of the communities, people and nationalities and compliance with the appropriate standards, it is necessary to carry out a study of the constitutionality block and control of conventionality, in order to guarantee, respect and comprehensively protect human rights, both collective and personal