La justicia restaurativa como mecanismo alternativo de solución de conflictos en la legislación penal ecuatoriana.

Abstract

The problem that arises in this research is the fact of establishing a more punctual and substantive study regarding restorative justice as part of the alternative mechanisms for conflict resolution in the field of criminal justice administration. Although, it is true, in Ecuador there is a justice system that is increasingly related to guaranteeism, it is necessary to know what can be done or what is required to know to give greater space to the foundations and purposes of justice restorative in the country. It is for this reason that a greater knowledge of this justice model is required, which can be better understood about the role and impact that conciliation has in criminal conflicts. Consequently, this research aims to describe how conciliation within criminal justice can favor the role of restorative justice according to the reality of the Ecuadorian legal system. Thus, a descriptive and qualitative research is carried out because the foundations of restorative justice and criminal conciliation are explained from the study of doctrine and legal norms. In relation to the results of this investigation, the effective contribution of conciliation as part of restorative justice in terms of comprehensive reparation of the victim, the redemption of the accused, and the rational limitation of the state's punitive power is appreciated.