El alcance de los derechos de la naturaleza frente al extractivismo minero en el Ecuador: análisis crítico del caso Quimsacocha-Lomalarga

Abstract

This article examines the legal and constitutional challenges posed by the Loma Larga mining project in Quimsacocha. This fragile ecosystem plays a vital role in regulating the water supply for the city of Cuenca and surrounding ecosystems. This research, grounded in the Ecuadorian Constitution, argues that the mining project violates the Rights of Nature by prioritizing extractivism over the right to water. The mining project violates the principles of prevention and precaution, as there is technical uncertainty about heavy metal contamination in the aquifer and there is also a lack of citizen participation due to violations of constitutional standards. This research concludes that the Quimsacocha case is a test of Ecuador's ecological constitutionalism beyond its economic framework. The case tests the capacity of Ecuador's ecological constitutionalism to withstand the excesses and limitations of extractivism.