Cárceles como espacios de control territorial: la consolidación del poder de las bandas en el sistema penitenciario ecuatoriano

Abstract

Abstract: The Ecuadorian prison system shows profound institutional deterioration that reflects the state's inability to execute prison sentences in accordance with their constitutional purpose. In practice, the execution of sentences takes place under conditions that exceed the current legal framework and demonstrate a substitution of state authority within prisons. This article analyzes the problem from a legal and criminological perspective, examining the dynamics of intra-prison criminal control operated by criminal gangs with territorial dominance. Among these dynamics, the imposition of periodic payments on incarcerated individuals as a condition for guaranteeing their safety and access to spaces stands out, creating a system of economic coercion outside the state's legal order and controlled by criminal gangs. The analysis of Ecuadorian prison regulations and the standards of the Inter-American human rights system reveals a disconnect between the legal design of the social rehabilitation system and its practical application. This situation transforms punishment into a scenario of subjugation and exploitation under criminal logic. The investigation concludes by proposing guidelines to restore control and strengthen the constitutional execution of punishment.