Alternatives to incarceration: a constitutional vision for a more humane criminal system in Ecuador (Original)

Abstract

The Ecuadorian penitentiary system is undergoing a structural crisis marked by overcrowding, violence, and the inability to fulfill the constitutional purpose of social rehabilitation. Although the 2008 Constitution of the Republic of Ecuador establishes a rights-based model that recognizes the dignity and guarantees of persons deprived of liberty, institutional practice continues to rely on incarceration as the predominant penal response. This article examines, from a constitutional and human rights perspective, alternatives to imprisonment as viable mechanisms to alleviate prison overcrowding and strengthen social reintegration. Using a mixed-method approach with a qualitative emphasis, the study analyzes constitutional provisions, international human rights instruments, specialized legal doctrine, and comparative experiences from Latin America and Europe. The findings indicate that the limited application of non-custodial sanctions is not due to the absence of a legal framework, but rather to restrictive interpretations, political resistance, and weak public policies. The article concludes that the effective expansion of alternative measures, combined with rehabilitation and social support programs, aligns with constitutional mandates and international standards, offering a pathway toward a more humane and effective penal system in Ecuador.