Direito à consulta e ao consentimento: conflitos socioambientais no campo das políticas públicas de licenciamento ambiental no Brasil, Colômbia, Peru, Bolívia e Equador

Abstract

This thesis examines the conflicts arising from the implementation of the Right to Consultation and Consent of ethnically differentiated Peoples and Communities within environmental licensing policies in Brazil, Colombia, Peru, Bolivia, and Ecuador—countries that make up the Pan-Amazon region. The research investigates how the legal institutions of Consultation and Consent operate across political-administrative arenas that shape or restrict Indigenous and tribal participation in state decisions affecting their territories. The study addresses the central question of how regulatory processes, implementation practices, and socio-environmental conflict dynamics related to the Right to Consultation and Consent are structured and interconnected in the five countries, considering international, national, and community normative frameworks. Its general objective is to analyze the legal-political challenges involved in these rights, articulating international standards, national regimes, and community-based instruments developed through territorial resistance. From a critical and theoretical perspective, the thesis explores how Latin American constitutionalism and concepts such as socio-environmental conflict, Buen Vivir, the Commons, and Rights of Nature contribute to redefining legal subjectivity and the limits of modern legal rationality. It also compares national regulatory frameworks governing Consultation and Consent, identifying convergences, divergences, and structural constraints. Methodologically, the research adopts a qualitative approach, combining bibliographic review, documentary analysis, jurisprudential mapping, and case studies, grounded in intercultural comparative law, critical theory, and decolonial thought. The findings reveal tensions between international standards and state practices, recurrent patterns of non-implementation, and institutional architectures that limit the rights of Indigenous and tribal Peoples. The study concludes that the Right to Consultation and Consent constitutes a central arena of socio-environmental conflict, actively shaped by the cosmologies, autonomies, and ancestral ways of life of the Peoples and Communities who defend these rights.