Política criminal y su impacto en la mitigación de la criminalización de la pobreza

In Ecuador, the incorrect implementation of criminal policy has contributed to the criminalization of poverty and the violation of human rights. The “iron fist” policies and the toughening of penalties, adopted mainly due to cultural and political factors, sacrifice freedoms and rights in pursuit of...

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Autor principal: Ballesteros Díaz, Nathaly Janeth (author)
Formato: bachelorThesis
Idioma:spa
Publicado em: 2025
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Acesso em linha:http://dspace.unach.edu.ec/handle/51000/14591
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Resumo:In Ecuador, the incorrect implementation of criminal policy has contributed to the criminalization of poverty and the violation of human rights. The “iron fist” policies and the toughening of penalties, adopted mainly due to cultural and political factors, sacrifice freedoms and rights in pursuit of stricter and more repressive control. Media and electoral pressure drive those in power to seek quick and effective responses, such as reforming laws to increase control. The adoption of criminal policies in Ecuador has been characterized by a punitive approach, popular in political terms but ineffective in reducing crime. This approach is influenced by a complex cultural and social environment, where violence and structural inequality are deeply rooted. Analyze criminal policy through a Latin American comparative law study to determine its impact on mitigating the criminalization of poverty in the penal system. The project will employ a qualitative method, combining analysis of dogmatic, theoretical and public policy positions through a comparative study of Latin American law. This approach will allow for a comprehensive and multidimensional understanding of the phenomenon, contributing to the development of more effective and fairer policies. The lawyers interviewed emphasize that tougher sentencing policies do not address the underlying causes of criminality, perpetuating a cycle of violence and repression fueled by media pressure and the perception of insecurity. A paradigm shift that incorporates criminological theories that promote prevention and rehabilitation, rather than perpetuating punitive approaches that do not address the underlying causes of crime, is essential.