UDTR Global Rights of Nature Radar

EL DILEMA DE LA ACTIVIDAD MINERA Y EL BUEN VIVIR, SUMAK KAWSAY EN LA CONSTITUCIÓN DEL ECUADOR ¿EXISTE INCONSTITUCIONALIDAD DE FONDO DE LA LEY DE MINERÍA?

Identification

Public canonical key

openalex:w7216942012

Authors

Diego Parra Suárez

Reported year

2018

Reported language

es

Source type

article

First detected

2026-11-09T19:16:14.557346+00:00

Last metadata observation

2026-11-09T19:16:14.557346+00:00

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Institutions reported by the source

University of Cuenca

Documentary abstract — original language

In the present article, the author describes a structural dilemma present in the Constitution of Ecuador and whose consequences are evident in constitutional jurisprudence, specifically, in the examination of constitutionality of substance and form to the Mining Law (2009). This investigation analyzes the pronouncement of the Constitutional Court of Ecuador, which revolves around the extractive activities and the tension between two legitimate but contradictory valuation options: on the one hand, the interests of social development and economic stability derived from the state property of the non-renewable resources (mining resources); and on the other, the social and sustainability interests of cultural minorities and nature. This tension is evident in the contradiction between the constitutional discourse, whose basis is the state of rights and justice to achieve good living, sumak kawsay; and on the other, the political discourse of national interest, whose basis is the instrumentalization of constitutional discourse for the purposes of social and economic development. The research contrasts constitutional discourse and political discourse and reveals the position of Ecuador’s constitutional jurisprudence and its affinity to hegemonic multicultural constitutionalism of weal sustainability, which impose national interests on the interests of cultural minorities and nature.

Identifiers

OPENALEX

W7216942012

Documentary context

Documentary family

Scholarship

Source-reported types

article

Jurisdictions studied — explicit sources

EC

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1 · Record 2

• Document · https://publicaciones.ucuenca.edu.ec/ojs/index.php/iuris/article/view/2199
• OpenAlex · https://openalex.org/W7216942012

Documentary status

Relevance pending

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