Filed on or after 24 April 2019.
The purpose of this Extraordinary Protection Action is to safeguard the constitutional rights of Nature and the right to motivation, which are being violated as a result of the judgment of the Judge of the Violence against Women and the Family Unit, Unit 4 (the Judgment). This lawsuit presents the arguments that demonstrate the violation of the right to due process due to the lack of motivation of the Judgment, which also allows the violation of the constitutional rights of Nature that occurred as a consequence of the judgment under appeal. The violation occurs because Judgment 1) seriously misrepresented the factual premises of the lawsuit; 2) ignored the guiding principles of environmental constitutional justice; and 3) the normative premises invoked are inconsistent with the decision. Thus, the absence of the relevant constitutional principles and the incoherent correlation between the facts and the sources of law undermines the coherence and rationality of the sentence and leads to a lack of due foundation that is a violation of the right to due process. In addition, this lack of motivation results in the inevitable violation of the constitutional rights of nature. First, we will demonstrate that all constitutional requirements for the filing of this action are met, since the judgment is enforceable and no other remedies are available. Second, we will describe the background that led to the issuance of the Judgment, i.e., the reasons why David Dene filed a request for an autonomous precautionary measure to avoid an irreversible ecological tragedy caused by the imminent failure of tailings dams that are under construction in the well-known Condor-Mirador project by Ecuacorriente S.A. (ECSA). Third,we will explain in detail how violations of the right to due process and of the constitutional rights of Nature occur, that is, how the lack of an adequate motivation of the Sentence will cause (by omission) a serious and irreversible damage in the maintenance and regeneration of the life cycles, structure and functions of the basins. of the Quimi, Tundayme, Zamora and Santiago rivers. The fourthsection describes the reasons for the admissibility of this action. Finally, we present our petition for integral reparation of the violated constitutional rights, which consists mainly of this Court ordering the necessary precautionary measures to prevent this irreversible ecological tragedy.
William Uyuguari Guaman, in my capacity as President of the Comunidad Amazónica de Acción Social Cordillera del Cóndor (CASCOMI), and Pablo Fajardo, lawyer and Ecuadorian citizen, we appear before you in Trial No. 17574201900084, in which autonomous precautionary measures were requested. In the legitimate exercise of the right provided for in articles 94 and 437 of the Constitution of the Republic of Ecuador, we come before you within the term established in article 60 of the Organic Law of Jurisdictional Guarantees and Constitutional Control, and propose the following EXTRAORDINARY ACTION OF PROTECTION (EAP) before the Constitutional Court, against the sentence of March 6, 2019, at 14h41, issued by this Judicial Unit of Violence against Women and the Family. 17574 2019 00084 (hereinafter the Judgment), of which we became aware on 28 April 2019. The action is presented on the basis of the following constitutional grounds:
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