El Extractivismo Minero, un obstáculo para el Pluralismo Jurídico y la Consulta Previa, Libre e Informada

The Constitution of the Republic of Ecuador has considered the legal concepts of legal pluralism and Free, Prior, and Informed Consultation of great importance and significance, due to the fair and meritorious recognition that has been made of the achievements and struggles of this entire conglomerate over the years in Ecuadorian history. However, since the entry into force of the last Magna Carta, mining extractivism has been presented as a practice that violates these principles, due to the fact that its practice implies opposition and anarchy to the content contained in the constitutional text, and which is permanently present in all parts of the country, where there is protection of geographical spaces by indigenous peoples and nationalities. This text sets forth the circumstances of all these elements, as well as a description of each of them, in order to reveal the predominant obstacle of mining extractivism, in favor of the pluralist and consultative development of indigenous peoples in Ecuador. To this end, scientific research methods such as dogmatic and synthetic analytical methods were applied, which served to relate the pertinent legal literature with the criterion put forward. The use of bibliographical records also technically complemented the goal proposed in this work, with the purpose of detecting and describing the obstacle that mining extractivism represents for the proper application of the constitutional principles of Legal Pluralism and Free, Prior and Informed Consultation.