Justicia penal adolescente y límites del poder punitivo: una lectura crítica del ordenamiento ecuatoriano

Abstract

Abstract: This research analyzes the Ecuadorian legal system in relation to the determination of criminal responsibility of young people linked to organized crime structures. The study begins with the observation that contemporary organized crime operates through hierarchical functional structures that distribute differentiated roles, generating significant complexities for individual criminal attribution within the criminal process. Using a qualitative and basic approach, the documentary analysis method was employed, based on a systematic review of Ecuadorian regulations, specialized doctrine, and academic studies published in SciELO. The information was systematized using a regional comparative matrix that allowed for the identification of patterns of punitive expansion, institutional adultization, weakening of the principle of specialty, and difficulties in individualizing responsibilities within complex criminal organizations. The results show that, while the Comprehensive Organic Criminal Code (COIP) includes legal tools for prosecuting organized crime, the current procedural design does not develop sufficiently differentiated criteria to determine the actual degree of participation of young people occupying operational or peripheral positions within these structures. Applying general rules of imputation to organized phenomena can generate risks of over-responsibility, affect the principle of proportionality, and weaken the juvenile justice paradigm. It is concluded that the main challenge of the Ecuadorian criminal justice system lies in strengthening the mechanisms for individualizing criminal responsibility according to the subject's functional position within the criminal structure, while simultaneously preserving the guarantees of specialization, minimal intervention, and full reparation that characterize the juvenile justice model.