The planning and design of development areas in the different departments and municipalities of the country, has caused a constant resistance of the indigenous communities and Afro descendants. The policies used by companies and multinationals cause, according to the communities, the denial of their cultural identity and a environmental and social impact in their territories. Nevertheless, the investors argue that the consolidation of their projects carries a potential growth and economic development. The Consulta Previa as a mechanism entrusted to guarantee the participation of the minorities inside the decisions that concern the development, has not managed to reach a consensus between the economic private investments and the rights of the indigenous people. This investigation tries to identify the cultural and institutional factors that impede or facilitate the pacific resolution of the conflict, observing the juridical existing tools for such an effect, as well as the different positions that demonstrate the incompatibility of the views of the world that have each part.