Study of the position of amicus curiae y third parties. Case yasuní post-referéndum

Abstract

The "amicus curiae," or "friend of the court," is an individual or organization that, without being a party to a case, offers information or perspectives to assist the court in its decision. "Third parties" are individuals or organizations interested in the case's outcome who seek to intervene for particular reasons. The main difference lies in the motivation: the third-party intervener acts out of direct personal interest, while the amicus curiae acts out of public interest, providing relevant information for the court. In Ecuador, the Constitutional Court plays a crucial role in protecting fundamental rights and ensuring the Constitution, especially in issues like the Yasuní post-referendum case, where the intervention of amicus curiae and third parties has been significant. The 2008 referendum on oil exploitation in Yasuní generated conflicts among social and political actors. The intervention of amicus curiae and third parties in these legal processes has been crucial, providing information and perspectives that facilitate more informed and balanced decisions. Document analysis methods and legal theories have enabled the study of these interventions, highlighting their role in promoting procedural speed, equality, and due process, and in influencing judicial and environmental policy decisions.