La justicia restaurativa y el procedimiento expedito en el sistema penal ecuatoriano

Abstract

This thesis, titled “Restorative Justice and Expedited Proceedings in the Ecuadorian Criminal Justice System”, examines the influence of restorative justice on expedited proceedings within the Ecuadorian criminal justice system, taking into account the existing limitations to its implementation and the need to strengthen mechanisms aimed at comprehensive reparation and the building of a culture of peace. The overall objective was to analyze the influence of restorative justice on expedited proceedings in the Ecuadorian criminal justice system. The research was conducted using a qualitative approach, through a bibliographic-documentary and field study, supported by methods that allowed for the examination of doctrinal and normative foundations, as well as specialized criteria related to the subject under investigation. The research techniques employed included documentary analysis and interviews with a judge, a prosecutor, and a practicing attorney, all of whom are experts in the field. The results revealed diverse criteria regarding the application of restorative justice, identifying limitations related to lack of awareness, limited dissemination, insufficient specialization, and the absence of uniform mechanisms that would allow for its proper implementation within expedited proceedings. It was also determined that the application of restorative mechanisms can help strengthen dialogue between the parties and lead to a more comprehensive remedy for the harm caused. It was concluded that, while there is a legal basis for their application, practical and structural difficulties persist that limit their effective use, making it necessary to strengthen guidelines and mechanisms that allow for a more comprehensive and uniform application within the Ecuadorian criminal justice system.