Hiperpunitivismo ecuatoriano: una revisión del aumento de penas frente a la disuasión del delito.

Abstract

This research analyzes the phenomenon of hyper-punitivism in Ecuador, examining its impact on the penal and prison system. It explores how harsher sentences and increased incarceration rates have affected security and justice administration. Through a theoretical and empirical approach, the study assesses punitive reforms implemented in the country and their correlation with crime rates. Additionally, the effects of these policies are contrasted with international standards, such as the Nelson Mandela Rules and the Tokyo Rules, which establish guidelines for a more balanced and human rights-compliant justice system. The findings indicate that hyper-punitivism does not necessarily reduce crime but can have adverse effects, such as prison overcrowding and criminal recidivism. The study emphasizes the need for penitentiary reform, ensuring a distinction between pre-trial detainees and convicted individuals, and the strengthening of justice institutions. Finally, alternative approaches are proposed, focusing on prevention, social reintegration, and the respect for fundamental rights, aiming to build a more effective and humane justice model.