Análisis de caso.: “Rio Blanco”, Sentencia: 01333-2018-03145

Abstract

Ecuador is a state of rights and justice, the first in the world to recognize the rights of nature. It's a country that has a great richness of biodiversity thanks to its geographical location. However it also has large mineral reserves whose exploitation puts at risk the rights of nature and those of the indigenous people. Therefore this research pretends to analyse a specific case where the conflict of rights caused by the mining exploitation in territories of the indigenous people can be evidenced. Given the nature of the studied case the method of information collection was the analysis of the case documentation, in addition to the analysis of the doctrine and the relevant jurisprudence and interviews with prominent professionals about an important issue in the case. The case was analysed and the successes and mistakes of those who intervened in the process were discovered, besides determining the achievements of the prior, free and informed consultation and the obligations of the state with the indigenous people. The actions of the justice administrators must always seek to guarantee the rights of the parts. The rights and duties recognized by the constitution and the international instruments must be carefully observed by the states.