Inconsistencies in a rehabilitation system: severity, figures, limitations, and alternatives

Abstract

This article makes an approximation to the current situation of the Ecuadorian prison reality, taking the existing figures as a basis to show that the solutions proposed haven’t had positive results. The effects of the punitive policy applied to the most perpetrated crime in Ecuador (robbery) are analysed and evaluated to determine if there has been an incidence between what was executed and the reduction in crime regarding to this offense. In the same way, the need to seek different solutions to pure punitivism is exposed, using the failure of prison as a starting point and the analysis of an alternative system of penalties with its effects in a comparative reality. Specifically, alternative figures to prison applicable in the Spanish reality are considered, such as: the suspension of the sentence and work for the benefit of the community. The use of these figures in Spain and Ecuador is studied, so that the main differences in the legal margins of application can be observed. In addition, there is a brief mention of the effects that they have had on the reality of the Iberian country and its contribution to the decongestion of the prison system.