INAPLICACIÓN DE MEDIDAS ALTERNATIVAS Y DE LA SUSPENSIÓN CONDICIONAL DE LA PENA EN PROCESOS CONTRAVENCIONALES EN ECUADOR

Abstract

This study analyzed the application of the principle of proportionality in Ecuadorian misdemeanor processes and their limitations. Legislation, case law, and interviews with legal experts were reviewed to understand deficiencies in imposing sanctions, the lack of alternative penalties, and the discretion in applying mitigating factors. The results revealed a clear lack of proportionality between infractions and sanctions, with disproportionate penalties that did not consider the severity of the offense or the individual circumstances of the offender. The absence of alternatives to imprisonment led to prison overcrowding and exposed offenders to unfavorable conditions. The main conclusion was the urgent need to reform Ecuador's misdemeanor judicial system. It was proposed to review legislation to incorporate proportional alternative measures, establish uniform criteria for their application, and promote social reintegration programs. These reforms would not only ensure fair proportionality between offenses and penalties but also strengthen the judicial system and ensure more equitable justice.