Justicia restaurativa en delitos de violencia contra la mujer y miembros del núcleo familiar en Ecuador según la reforma de 2019 al código orgánico integral penal. Una aproximación al ideal teórico

Abstract

The present study is focused on the analysis of the rules for the application of restorative justice in felonies of violence against women or members of the family nucleus, introduced in Ecuador by the Ley Orgánica Reformatoria al Código Orgánico Integral Penal of 2019, in the Art. 651.6 of said Code. The general objective is to determine how close they are to the theoretical ideal of restorative justice, understanding it as a collective and peaceful process of conflict resolution, oriented towards the reparation of the victim and the responsibility of the offender. Chapter I conceptualizes restorative justice and violence against women or members of the family nucleus. Subsequently, Chapter II analyzes the objectives and scope of the restorative phase under study. Finally, Chapter III analyzes the role of the parties and the role of the judge in it. In that way, it is concluded in general lines that, although starting the introduction of restorative practices in the matter of domestic violence is not optimal, the process regulated by the ecuadorian legislator satisfies the doctrinal parameters to be qualified as restorative, except for some deficiencies, which can be solved in practice.