La justicia restaurativa como alternativa a las penas privativas de libertad del sistema penal ecuatoriano.

Abstract

This academic essay analyzes the restorative justice model as an alternative to custodial sentences established within the traditional Ecuadorian penal system; from a critical perspective of the retributive model whose purpose is to impose a punishment on the offender while leaving the victim as a secondary concern. Taking into consideration the serious prison crisis that the country is experiencing and the lack of effectiveness of social rehabilitation programs, which, far from achieving a resocializing and reintegrating purpose, enhance criminal activity. The restorative justice model is not only an efficient and diligent legal alternative, but also one that is more respectful of human rights and compatible with the International Agreements and Treaties signed by Ecuador, in accordance with the constitutional principles established in our Constitution. Therefore, it is concluded that the sole objective of restorative justice is to ensure the comprehensive reparation of the victim and to promote the offender's genuine social reintegration into the community.