Citizen Participation and Prior Consultation in the Peruvian Mining Sector: A Critique of the Ruling in Exp. 03066-2019-PA/TC of the Constitutional Court

Abstract

The institutions of citizen participation and prior consultation are of special study, mainly, for the pertinent realization of mining activity in countries that sustain their economy in the exploitation of natural resources. For many years, Peru has faced important social conflicts because it faces concepts such as surface property and the mining concession. It is important to assert that in Peru natural resources, whether renewable or non-renewable, are patrimony of the Nation, which differs from patrimonial theories, which place the State as the owner of mines, lands, forests, etc. In this article, the author presents a specific study on citizen participation and prior consultation in the Peruvian mining sector, regarding the rulling in Exp. 03066-2019-PA/TC of the Constitutional Court, which lacks from Specialty criteria in the field of mining, environmental and natural resources Law.