Abstract
The recent reform of the legal system for the establishment of large renewable energy projects in Mexico, including the Electric Industry Act and its Regulations, have generated social and legal tensions which come to reveal a legal colonialism. This paper bring light to the failures of a mechanism for the evaluation of social impacts, which covertly, but effectively turns the State in an investment facilitator by disrupting the procedural opportunities for local communities, many indigenous, to particiapate in decision making processes. Through a deconstructive, neo-constitutional analysis such mechanism is revised from a legal theory based on the principles of energy democracy.
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