Crisis carcelaria: Análisis a partir de la Sentencia No. 8-20-cn-21 de la Corte Constitucional

Abstract

Abstract:The prison crisis in Ecuador is a problem that the Ecuadorian State has failed to resolve efficiently, resulting in the infringement of the rights of incarcerated individuals. This research aims to analyze the prison crisis by examining Judgment No. 8-20-CN/21, which establishes important criteria regarding the disproportionate use of pretrial detention a key factor contributing to overcrowding in social rehabilitation centers and fueling the crisis currently evident in most of the country's prisons. The study employs a qualitative approach and the dogmatic legal method, utilizing a literature review to examine legal doctrine, regulations, and jurisprudential standards that highlight the structural deficiencies of penitentiary facilities where the rights of inmates are violated. Key findings indicate that the constitutional judgment in question not only reinforces the exceptional nature of pretrial detention as a precautionary measure but also establishes criteria to curb its indiscriminate use, thereby contributing to the strengthening of the prison system.