Indigenous justice as a legal alternative to prison overcrowding in Ecuador

Abstract

Introduction. In contemporary Ecuador, prison overcrowding has emerged as a critical challenge in the criminal justice system. In the face of this problem, indigenous justice is seen as a promising alternative within the restorative justice paradigm. This research focuses on exploring the feasibility and effects of implementing indigenous justice as a response to overcrowding in Ecuadorian prisons. Objective. The main objective of this research is to examine the relationship between prison overcrowding in Ecuador and the potential outcomes of restorative justice, specifically through the application of indigenous justice principles. It seeks to contextualize both phenomena within the framework of legal pluralism in order to identify opportunities for the effective integration of alternative approaches in the justice system. Methodology. This article was based on a qualitative approach that involved the systematic review of literature related to prison overcrowding in Ecuador, restorative justice practices and outcomes in the country, and the context of legal pluralism. Relevant data were collected and analyzed to assess the magnitude, causes and consequences of overcrowding, as well as the potential advantages of restorative justice, especially in the context of legal diversity. Results. The results reveal the urgent need to adopt alternative approaches, such as restorative justice, to address prison overcrowding in Ecuador. Potential benefits are identified in the application of indigenous justice principles, particularly in terms of reducing recidivism, strengthening social cohesion and respecting cultural diversity. Conclusion. The adoption of restorative justice, in line with legal pluralism, is supported as a viable alternative to prison overcrowding in Ecuador. The importance of considering holistic and culturally sensitive approaches to address the challenges of the criminal justice system is emphasized, recognizing the diversity of legal perspectives and practices in the country. The implementation of indigenous justice represents a significant step towards the transformation of the justice system for the benefit of Ecuadorian society as a whole.