Power relations: Their necessity as a constituent element of the crime of femicide in Ecuador

Abstract

Introduction: This research focuses on determining the need and correctness of including the concept of "power relations" in the criminalization of the crime of femicide in Ecuador. Given that since its criminalization, and especially at present, the treatment of these cases has generated various questions. Objective: The main objective of this study is to evaluate whether "power relations" are necessary and adequate in the criminalization of femicide in Ecuador. It seeks to analyze the understanding and application of this concept in the legal framework, as well as to identify possible ambiguities that may arise in its interpretation.  Methodology: A qualitative approach was used to carry out this study. An exhaustive analysis of the related legal doctrine was carried out, comparative legislation perspectives were explored and an Ecuadorian judicial case of social commotion was examined. In addition, the opinion of experts in the field was obtained through interviews with a prosecutor and a judge. Results: It was determined that "power relations" are indeed important in the criminalization of femicide in Ecuador. However, it was found that this concept has not been sufficiently developed and its use has generated a certain ambiguity in the criminal definition, which complicates the actions of those involved in the prosecution and operators of justice in judicial proceedings. Conclusion: The lack of normative development of the concept of "power relations" in the definition of the crime of femicide in Ecuador has generated difficulties in its interpretation and practical application. Therefore, it is necessary for the legislature to conduct an exhaustive analysis of the criminal offense and proceed to a normative development that allows for a clear interpretation and a concise application of this concept in Ecuadorian criminal legislation.