La voz de la comunidad. Los procesos de participación social y su efectivo reconocimiento en la provincia del Azuay

Abstract

The present investigation tries to answer the question of whether the exercise of the rights of participation in environmental management has been guaranteed through the Systematization Reports of the Social Participation Process, to determine if mechanisms that raise the voice of citizens in environmental decisions that concern them, have been legitimately, legally, and constitutionally exhausted. For the purposes of this research thesis, it has been proposed as an exploratory study, to analyze, describe and interpret real reports obtained from the Municipality of Cuenca and the Prefecture of Azuay, as well as from two sentences of the Constitutional Court. To reach this objective, an investigation was first carried out on the theoretical state of the rights of nature as well as the Rights of Participation, to understand them thoroughly and use the information obtained to later carry out a practical analysis in the final chapter, where all the information collected with the analyzed reports converges. The result of this investigation determined that the Social Participation Processes analyzed do not represent a true application on the rights of Nature in the way in which they were raised. They do not meet the objectives established by the Constitution and do not represent a true legal, legitimate, or constitutional application of the rights of nature.