Abstract

OLIVOS FUENTES, MONSERRAT  and  GOMEZ ROMO DE VIVAR, GUILLERMO RAFAEL. The jurisdictional construction of the process of a prior consultation of indigenous people and the approach to freedom of information in Mexico. Rev. Derecho Estado [online]. 2020, n.45, pp.155-185. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n45.06.

This paper analyzes exogenous and endogenous factors that generates the protection of the prior and informed consultation in Mexican State as a collective right of indigenous people that allows the participation and dialogue in the decisions that could affect them like in their institutions, territory, self-determination, autonomy, authorities, normative system, identity, language or culture

Among extern factors the latinoamerican wave incorporates the recognition of the indigenous corpus iuris, that makes a significant change but insufficient to solve the problem because also needs guarantees to protect their right efectively.

Within the intern factors, the recognition process incorporates jurisdictional precedents that allows the protection of the collective right in the absense and resistence of the assurance purposes that dignify indigenous people, the coexisting of legal systems and the protection of the freedom of information.

Keywords : Indigineous right; prior consultation; freedom of information; indigenous people.

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