Análisis del principio de proporcionalidad en las penas del delito de homicidio en el Código Orgánico Integral Penal del Ecuador

Abstract

Abstract: This paper analyzes the principle of proportionality in sentencing for homicide within the Comprehensive Organic Criminal Code of Ecuador, using a dogmatic-legal and qualitative approach. The research is based on the constitutional and legal recognition of this principle and examines its application through the analysis of rulings issued by the Constitutional Court and the National Court of Justice between 2021 and 2024. Significant jurisprudential advances are evident, especially in the use of the proportionality test, but also the persistence of structural flaws such as the lack of motivation for sentencing, the disproportionate equating of crimes, and the lack of adequate individualization. Based on the analysis carried out, a reform to the COIP is proposed that would make the application of the proportionality test mandatory for serious crimes, along with the issuance of a technical protocol to guide judges in its application. The research concludes that strengthening this principle guarantees not only fairer sentences, but also a more humane criminal justice system that respects dignity and is oriented toward resocialization.