La violencia vicaria en el Derecho Comparado Iberoamerciano

The recognition of vicarious violence as a specific form of gender violence arose from various emblematic cases in Spain and Latin America in the last decade. The Ibero-American legal systems, for the most part, did not explicitly classify it, addressing it as isolated acts of violence against minors without considering its instrumental nature within gender violence. Faced with this problem, the study aimed to legally and doctrinally analyze vicarious violence in the Ibero-American legal frameworks, with the purpose of identifying best practices and proposing a harmonized regulatory framework that strengthens the prevention, protection and punishment of this form of violence in Ecuador. To do so, a mixed-approach methodology was used that combined the comparative analysis of legal frameworks, public policies and judicial practices with the application of surveys and interviews with professionals in the legal field. The results revealed that the lawyers surveyed have intermediate knowledge on the subject and limited experience in case management, which shows the need for further specialized training. In addition, the perception of Ecuadorian legislation was analyzed, highlighting the lack of a clear classification and the urgency of reforms. For their part, the judges interviewed pointed out difficulties in the interpretation of evidence and emphasized the importance of psychological evaluations in these processes. In conclusion, although there is progress in the recognition and approach to vicarious violence, legal gaps and challenges in the effective application of justice in these cases still persist.

• Main Author: Guamanshi Tacuri, Yadira Paola (author)
• Other Authors: Ponce Shagñay, Liseth Viviana (author)
• Format: bachelorThesis
• Language: spa
• Published: 2025
• Subjects: Violencia vicaria; Sistemas jurídicos; Tipificación; Iberoamérica
• Online Access: http://dspace.unach.edu.ec/handle/51000/15663