Unidad de Posgrado

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Author: search.filters.author.Vargas Soria, Sandra Paola

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    Derecho penal mínimo y justicia restaurativa
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Vargas Soria, Sandra Paola; Benavides Benalcázar, Merck Milko
    In a globalized era, in which crime is conceived as a phenomenon and a potential enemy of the States stability, punishment as a deterrent resource acts as a rule rather than as an exception. In this way the cession has been admitted and in many cases even the confiscation of rights, as a response to the crime. Restorative justice emerges in the face of this panorama, with a retrospective look at the origins of the conflict, returning protagonist to the victim and trying to find the reconciliation of the offender with the community, without pretending exclusively the punishment, but the restoration of social peace. The aim of this research is to analyze the application of minimum criminal law as an alternative to the punitive solution to favor the implementation of restorative justice channels in national legislation, as well as to account for the benefits of this resource, both for the administration of justice, as for the parties involved in the criminal process. With the support of an observation guide, the adopted resources are registered and identified during the year 2018, in some investigations and criminal proceedings in order to end the conflict; and, with the support of the experts' criterion, through a structured interview, points of view are obtained that are addressed from the different spheres in which each one of the respondents works, they can be judges, prosecutors, lawyers in free professional practice and Academics dedicated to the study of penal science. Through the obtained results, a current panorama of the problematic in study is offered. It concludes with a proposal that allows expanding the possibility of adoption and effects of a conciliatory process, with the aim that, under the agreement of the parties, punitive solutions are avoided in the processes and the victim's reparation is privileged as the essence of the system.