¿Retroceso o Solución? Juzgar penalmente a menores en el contexto del crimen organizado

Abstract

Abstract: The increase in youth violence linked to organized crime, particularly in the provinces of Guayas, Manabí, and Esmeraldas, has exposed serious deficiencies in the juvenile justice system in addressing the recruitment of minors by criminal groups. This phenomenon is alarming, as adolescents who grow up in contexts of extreme poverty and social exclusion become a source of labor for illicit activities, taking advantage of the limited criminal liability established under Ecuadorian legislation for individuals under eighteen years of age. Attracted by promises of protection, economic income, and a sense of belonging, these young people engage in serious crimes such as homicide, extortion, kidnapping, or contract killing. The juvenile justice system in Ecuador, oriented toward rehabilitation through socio-educational measures, shows significant shortcomings, as the sanctions imposed on adolescent offenders are disproportionate to the seriousness of the crimes committed. This situation has generated scenarios of impunity, fostering recidivism and strengthening criminal organizations. In this context, the article proposes analyzing the possibility of prosecuting minors involved in serious crimes as adults, without this constituting a setback in terms of justice and the protection of rights.