El análisis jurídico penal del caso María Belén Bernal

Abstract

Abstract: This article examines the case of María Belén Bernal from a criminal law and criminological perspective, aiming to analyze the elements of the crime, its typicity, unlawfulness, and culpability within the Ecuadorian legal system. Based on criminal law theory and the case study, the dogmatic elements established in the Comprehensive Organic Criminal Code (COIP) are present, allowing for the attribution of criminal responsibility to the perpetrator. In parallel, a structural-criminological analysis is developed, revealing the influence of institutional and sociocultural factors linked to patriarchal power, which fostered scenarios of negligence, cover-up, and impunity, particularly given that the perpetrator was a state agent and the crime occurred within a public institution. In this context, the work contributes to a critical understanding of the limitations of the Ecuadorian criminal justice system in addressing gender-based violence and highlights the need to strengthen criminal policy from a human rights and gender perspective. The methodology used is based on a qualitative approach, through case study and documentary analysis.