La potestad discrecional de la asamblea nacional en la declaratoria de interés nacional de las actividades extractivistas y la vulneración a la democracia directa

Abstract

This research is born from the integration of two specific variables that structure the subject, as a whole, establishing themselves as: "THE DISCRETIONAL POWER OF THE NATIONAL ASSEMBLY IN THE DECLARATION OF NATIONAL INTEREST ON EXTRACTIVIST ACTIVITIES AND VULNERATION TO DIRECT DEMOCRACY", the problematic axis in a succinct way, for the complete understanding of the extractive procedures, it is necessary to start from the constitutional guidelines, in this regard Art. 407 of the Constitution is clear regarding an obligation not to do by the State, this since the extraction of non-renewable resources in protected areas is prohibited, however, there is an exception in the supreme rule, because it can only be carried out at the request of the executive representative and the declaration of national interest through the legislative function, that in a discretionary way could or could not convene a popular consultation.