Del procedimiento sancionatorio con respecto al debido proceso y a la justicia restaurativa en el ámbito educativo por la difusión de material íntimo entre adolescentes “Sexting”. Análisis del caso Nro. 456-20-JP sentencia Nro. 456-20-JP/21.

Abstract

This study analyzes Constitutional Court Ruling 456-20-JP/21 of Ecuador, which addresses the non-consensual dissemination of intimate material among adolescents—commonly known as sexting—within an educational institution. The research examines whether the disciplinary process respected due process and restorative justice, particularly regarding the sanctioned student and the affected adolescent. The findings show that the institution limited the student’s participation, failed to adequately explain the procedure, imposed disproportionate sanctions, and omitted restorative mechanisms. It also highlights the lack of emotional support, revictimization, and the disregard of the best interests of the child. The study explores key concepts such as due process, constitutional guarantees, codes of coexistence, and restorative justice, emphasizing their relevance in school contexts. It concludes that there was a violation of rights and inadequate conflict management, underscoring the need to strengthen restorative practices to prevent and address digital violence.