This review article describes the problems faced in Colombia by communities that currently hold cultural rights in relation to both decision-making and the assessment of the sustainability of projects that are intended to be implementation in its territories, therefore, this article aimed to analyze the importance of biocultural rights in the Colombian legal context and to examine their application in the case of Tribuga (Choco), where, at present, the possibility of construction of a port. The work was framed in a research methodology with a qualitative methodological approach, whose sources used, in addition to the texts created by author Sanjay Kabir Bavikatte, are the rulings issued by judges and magistrates of Colombia, communiques of press, as well as related articles. Where the results showed that; communities, such as those in the areas surrounding Tribuga, are not allowed to participate actively in decision-making that could affect them in the long term, so one of the most important conclusions of this article proposes strengthen and monitor how the pre-consultation process and the consent of communities is carried out and used