INSTRUMENTALIZACIÓN DE NIÑOS, NIÑAS Y ADOLESCENTES POR EL CRIMEN ORGANIZADO: ATENUANTTES Y REINSERCIÓN EN ECUADOR

Abstract

This study examines the instrumentalization of children and adolescents by organized crime and the absence of an explicit normative framework that differentiates their treatment within Ecuador’s juvenile justice system. Using a doctrinal–legal and comparative method, supported by international standards and evidence from developmental psychology, it shows that substantive equality and proportionality justify introducing a special mitigating factor for recruitment and establishing a mandatory preference for non-custodial measures. It proposes a differentiated reintegration program with an individual plan, periodic judicial reviews, and restorative justice with safeguards. The proposal aligns the best interests of the child and the rehabilitative purpose of punishment with victim protection and public safety, offering an effective and less restrictive model to reduce recidivism and sever ties with criminal organizations.