The Ecuadorian legal system and the possibility of applying an alternative measure to imprisonment
The penitentiary crisis is perhaps one of the biggest problems that Ecuador is going through, so much so that it has been the most treated axis in the speeches to legitimize governments and dignitaries in office. Unfortunately, the implementation of policies without criminological support has exacer...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2023 |
| País: | Ecuador |
| Institución: | Universidad Central del Ecuador |
| Repositorio: | Revista CAP Jurídica central |
| Idioma: | español |
| OAI Identifier: | oai:revistadigital.uce.edu.ec:article/4513 |
| Acceso en línea: | https://revistadigital.uce.edu.ec/index.php/CAP/article/view/4513 |
| Access Level: | acceso abierto |
| Palabra clave: | Crisis penitenciaria Pena privativa de libertad Medidas Alternativas a la Pena Privativa de Libertad Prisión Domiciliaria Penitentiary crisis Custodial sentence Alternatives to custodial sentences Home imprisonment |
| Sumario: | The penitentiary crisis is perhaps one of the biggest problems that Ecuador is going through, so much so that it has been the most treated axis in the speeches to legitimize governments and dignitaries in office. Unfortunately, the implementation of policies without criminological support has exacerbated the situation, causing society to be on the receiving end of this malaise. The imperative need to study the postulates of a modern Criminal Policy seems the only way to find solutions in the short, medium, and long term, oriented towards the application of alternative measures to imprisonment, as part of a reductionist model of the punitive power of the State, and to make it a more humane and rational one. Home imprisonment is one of these alternatives, and has been the most studied by the doctrine, in addition to being recognized in international human rights instruments and being applied in Latin American countries such as Colombia, Argentina, Brazil, and the Dominican Republic. In Ecuador, there is Constitutional Court Ruling No. 209-15-JH/19 and (accumulated), which, although little known, regulates this measure, subject to compliance with certain criteria or standards. |
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