Análisis normativo constitucional del tratamiento procesal de los menores infractores en el ordenamiento jurídico ecuatoriano

Abstract

The 2008 Constitution of the Republic of Ecuador protects children and adolescents. Similarly, both the Code for Children and Adolescents and the Comprehensive Organic Penal Code echo this protection and determine that there is special prosecution for children and adolescents who have conflict with the law. This differentiation responds to the need for a complete and comprehensive reform in the offending child or adolescent, understanding this criminal situation derives from a multiplicity of factors, such as social behavior, school aptitude and family environment and psychological profile, where the State and the family have shared responsibility. For the realization of this article, the exegetical and comparative, allowing this to carry out analysis of the main normative bodies of the Ecuadorian legal system and their relationships with juvenile offenders. Once this work has been carried out, it is concluded that the Ecuadorian legal system has regulations aimed at the reeducation of the minor offender, and that they materialize from public policies to satisfy these needs, no matter how much the results in reality, put into question its effectiveness.