Procedural garantismo vs. criminal efficacy: A critical analysis of the balance between fundamental rights and criminal policy in the Ecuadorian criminal process

Abstract

When discussing juvenile criminal responsibility in Ecuador, it is important to note that it constitutes a highly differentiated system, which recognizes all adolescents as individuals in the process of development and, therefore, subject to all forms of enhanced protection. Considering the Ecuadorian legal framework, principles such as the best interests of the child, proportionality, due process, and, above all, the exceptional nature of deprivation of liberty are established, given that, in practice, limitations directly affect the effectiveness of the juvenile criminal justice system. In this context, this research analyzes the criminal responsibility of adolescent offenders through a legal and doctrinal review, also incorporating comparative law to identify best practices applicable to the national system. The study adopts a qualitative, non-experimental, and descriptive approach, based on a literature review, legal dogmatic methods, and comparative, inductive, and deductive reasoning. The findings reveal a gap between the legal framework and the effective implementation of socio-educational measures, due to factors such as lack of resources, weaknesses in monitoring, insufficient training, and poor inter-institutional coordination. Finally, guidelines are proposed to strengthen the practical application of the juvenile justice system, prioritizing effective social reintegration and the genuine guarantee of fundamental rights.