Prior consultation is the human right of ancestral communities to be heard before any decision that may affect them is made, and its purpose is to guarantee their participation in the realization of any project that impacts their territory or their worldview. Colombia has tried to adapt its legal system to international standards through norms and the jurisprudence of the high constitutional court. Hence, regulations such as Decree 1320 of 1998, which regulate the consultation procedure with regard to the exploitation of natural resources, have become the cause of irregular or incomplete consultations. Therefore, this article analyzes the judicial decisions of the Inter-American Court of Human Rights and the Colombian Constitutional Court on the matter, in order to verify the operation of the prior consultation.