With consent or not?
Plural decolonial corazonamientos on property rights from the Living Forest (Kawsak Sacha)
Keywords:
Corazonar; Kawsak Sacha; Rights of Nature, Minga jurídica, Constitutional decolonial law.Abstract
https://doi.org/10.1590/2179-8966/2025/94523i
This article examines the Own Law of the Kichwa People of Sarayaku, focusing on property as a key element in the interpretation of free, prior, and informed consent, and comparing it with Ecuadorian State property. We corazonamos (collectively propose) the Living Forest as a counterproposal of plural, fluid and collective Amazonian property, strengthened by the legal minga (the act of weaving law together and respecting the living cycles of natural elements and human laws). In our comparative decolonial exercise, resonances and tensions arise between State law and the Kichwa People’s Own Law, evidencing the fragmented nature of property in the Constitution of the Living Forest.
Downloads
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2025 Jenny García Ruales, Mario Yaucén Remache (Autor/a)
This work is licensed under a Creative Commons Attribution 4.0 International License.
The authors the sole responsibility for their texts.
It is allowed the total or partial reproduction of the articles of the Journal Law and Praxis, if the author is mentioned.
This work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 4.0 Unported License.
This license allows you to copy and redistribute the material in any medium or format for any purpose, even commercial, provided the original authorship is cited.
This work is licensed under a Creative Commons Attribution 4.0 International License.
