Análisis Jurídico y Comparado de la Aplicación de la Justicia Restaurativa en el Sistema Penal Juvenil Ecuatoriano
This Curricular Integration Work is entitled "LEGAL AND COMPARATIVE ANALYSIS OF THE APPLICATION OF RESTORATIVE JUSTICE IN THE ECUADORIAN JUVENILE CRIMINAL SYSTEM". During this research work I have been able to denote that retributive justice is the one that has been applied in the speciali...
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| Format: | bachelorThesis |
| Language: | spa |
| Published: |
2024
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| Subjects: | |
| Online Access: | https://dspace.unl.edu.ec/jspui/handle/123456789/29253 |
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| Summary: | This Curricular Integration Work is entitled "LEGAL AND COMPARATIVE ANALYSIS OF THE APPLICATION OF RESTORATIVE JUSTICE IN THE ECUADORIAN JUVENILE CRIMINAL SYSTEM". During this research work I have been able to denote that retributive justice is the one that has been applied in the specialized criminal system, therefore, the lack of regulations that adopt restorative justice causes a detriment to the specialized justice system, since it directly affects adolescent offenders in their rehabilitation treatment, reinsertion among other aspects, despite the fact that they are considered as a priority group of attention. The interest in developing this Curricular Integration Work arises from the fact that the adolescent offender can access a type of justice different from the traditional one, therefore, this restorative axis focuses on reconciling social ties with the tripartite participation of the adolescent offender, victim and community in order to seek a solution to the conflict caused by the commission of the crime. As the reader is introduced to this topic, he/she will understand that this type of justice transcends in the attention of the needs of those involved, since due to the nature of each case a restorative mechanism will be applied, which will help to ensure that the agreements reached through them are integrative and seek the benefit for all. Although this restorative paradigm dates back years ago, in recent times it has spread worldwide considerably, since it has brought great benefits as it has been established within the theoretical framework. Furthermore, through comparative law it has been established that the guidelines that the United Mexican States and the Republic of Peru have established in their legal systems have contributed significantly so that their specialized justice systems are solid and fully protect the Right of the Best Interest of the Child that corresponds to adolescent offenders. Finally, it can be seen that through the interview and survey techniques, relevant information has been obtained in which the need to reform the Code of Children and Adolescents, incorporating restorative justice, has been confirmed. Therefore, establishing those guidelines would allow for legal certainty regarding its application and thus strengthen the Ecuadorian juvenile penal system. |
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