Seguridad jurídica : las garantías normativas de la consulta previa.

Abstract

The following investigative work prior to obtain the Lawyer Degree, consist of the review and analysis of the current insufficient laws, regulation and control of the procedure and process of the prior consultation right as an affectation to the effective fulfillment of this constitutional right and to the legal certainty right because of the lacking existence of prior, public, understandable laws and regulations applied by the competent authority, and by the failure to comply the obligations and duties ordered by the constitution of the Republic of Ecuador. It is possible to verify a deficiency of regulation and constitutional warranties that lead to the effective achievement, application, recognition of the prior consultation right. Constitutional rights must be directly applied and can’t be argued for the lack of laws and regulations to justify its ignorance or violation, nevertheless, Ecuador is considered as a constitutional state of rights and justice, that has the main obligation of guaranteeing without discrimination the effective enjoyment of the rights ruled by the constitution and international law. Since there is not enough protection to achieve the realization of the prior Consultation Right, the State of Ecuador has the obligation to rule warranties as a protection and application mechanism in order to achieve the real fulfillment of the constitutional rights.