The applicability of restorative justice in ecuadorian criminal law as an objective restorative process

Abstract

The evolution of criminal law towards more restorative approaches has generated a growing interest in restorative justice as a tool for resolving criminal conflicts. This approach seeks to satisfy all parties involved in the conflict, including the offender, the victim, and the community at large. In the Ecuadorian context, there has been particular interest in exploring the feasibility of implementing restorative justice as a new criminal process for the resolution of conflicts arising from punishable offenses. The main objective of this research is to identify and analyze the main characteristics of restorative justice, to evaluate its feasibility and implementation within the criminal justice administration system in Ecuador. A qualitative approach was used to analyze various conceptual, normative, and dogmatic categories related to restorative justice. Through this approach, logical and reasoned arguments were constructed to support the applicability of restorative justice in the Ecuadorian legal context. The results obtained from this analysis reveal a series of essential fundamentals that provide an adequate understanding of restorative justice. These fundamentals are key to promote its applicability in the Ecuadorian legal system and highlight the importance of considering alternative methods for conflict resolution in the criminal justice system. The implementation of restorative justice in the criminal justice administration system in Ecuador presents a significant opportunity to improve conflict resolution and meet the needs of all parties involved. The rationale identified in this research supports the feasibility and importance of adopting more restorative approaches in the criminal setting, which can lead to greater efficiency and fairness in the delivery of justice.