La crisis carcelaria en Ecuador desde una perspectiva de derechos humanos.

Abstract

Our country is going through a prison crisis, which responds to multifactorial causes, however, this work must focus on the role played by the public administration within the previously called crisis. The public administration regarding this issue is shown to be deficient, either due to the lack of effectiveness of the existing regulations in our legal system, or due to the lack of normative creation, by the competent bodies, that corresponds to the social reality that through our prisons. The reality of the prison system is not only attributable to people deprived of liberty, the state is articulated through the exercise of different powers to make this system a functional entity, however its functionality must be consistent with certain universal, constitutional and legal principles, as minimum criteria that allow the development of human dignity. The executive function has an essential role in the administrative management of the system; however, it is the responsibility of the ordinary legislators to create norms that limit the use of punitive power as an ultima ratio and it is the duty of the judges to apply the most restrictive measures proportionally, and justified, individually analyzing each case of a criminal nature or others that lead to deprivation of liberty.