El derecho indígena a la consulta previa según diálogo constitucional

Abstract

This article analyzes the historical conditions, regulations and policies that influenced the relationship between the State and indigenous peoples in Peru. It also studies the sentences of the Tribunal Constitucional Peruano (TCP) under the exchanges that took place between this court and the indigenous organizations in the last five years. Especially, it examines the design of the right to free, prior and informed consultation, and the identification of state obligations on the implementation of this collective right of Indigenous People. The latter reflected in the new legal framework of this specific right under the validity of the Convention N. ° 169 of the International Labour Organization (ILO).