Hacinamiento en las cárceles del Ecuador: Frente a la presión social y la ponderación de los Jueces de Garantías.

Abstract

This research addresses the problem of prison overcrowding in Ecuador and its impact on the administration of justice, analyzing the influence of this phenomenon on the human rights of inmates and on judicial decision-making under social pressure. The main objective was to understand how overcrowding affects the capacity of the judicial system to guarantee fair trials and balance the demands of public security with the protection of fundamental rights. A qualitative approach was adopted, using a multiple case study design that included semi-structured interviews with guaranteed judges and documentary analysis. The results reveal that prison overcrowding not only hinders the transfer of inmates to judicial hearings, but also generates degrading living conditions that violate essential rights such as health, food and access to minimum living spaces. In addition, social pressure influences judicial decision making, inclining judicial decisions towards more punitive measures and limiting the use of alternatives to incarceration. In this context, judges face significant challenges in balancing the protection of rights with social demands, while operating in a collapsed prison system. Lack of adequate infrastructure, scarce resources and the absence of effective rehabilitation policies exacerbate the problem, perpetuating the crisis of confidence in Ecuador's justice system. It is concluded that prison overcrowding is a structural problem that requires comprehensive reforms, including the classification of inmates, the strengthening of alternative measures to incarceration and the guarantee of dignified conditions for persons deprived of liberty. These actions are essential to promote a more humane and efficient justice system.