La cadena perpetua y las nuevas formas de criminalidad

Abstract

This study analyzes the possible implementation of life imprisonment within the Ecuadorian criminal justice system in response to the increase in violence, crime, and new modern forms of criminality related to organized crime, drug trafficking, contract killings, extortion, and other highly dangerous offenses. The main purpose of this research is to examine the legal implications that this criminal sanction would have, identify the possible constitutional and legal limitations for its application within the Ecuadorian criminal system, and evaluate the mechanisms currently used to confront the growing and persistent wave of criminality in the country. Through a qualitative approach, supported by doctrinal and legal analysis, as well as interviews conducted with judges, prosecutors, and practicing attorneys, it was possible to obtain specialized and personalized results regarding the efficiency and effectiveness of the different criminal sanctions that currently exist in the country, along with the urgent need to strengthen and toughen the criminal justice system in the face of the imminent growth of violence. Likewise, the study revealed the weakness and lack of control within both the penitentiary and criminal justice systems. Consequently, the research concludes that the problem of organized crime in Ecuador requires the implementation of severe and drastic measures, including harsher penalties according to the seriousness of each offense in a fair and proportional manner. However, it also requires internal and external reforms within the criminal and penitentiary systems, such as effective control over persons deprived of liberty and the fight against corruption within all public institutions. Furthermore, it is necessary to implement maximum-security prison segmentation for high-severity crimes, while ensuring that correctional centers for lesser offenses truly fulfill a rehabilitative purpose.