Revictimización en el sistema procesal penal en las principales ciudades de Ecuador vs México: contexto actual y transformación jurídica

Abstract

This thesis is based on analyzing revictimization in the criminal justice system of the main cities of Ecuador, in cases of gender violence. Revictimization is a phenomenon that occurs when the victim is subjected to situations that force her to relive her psychological trauma, this is due to the lack of appropriate protocols and the poor training of judicial officials. Although the Constitution of the Republic of Ecuador supports the right to non-revictimization, in practice there are still relevant deficiencies that affect the emotional and psychological well-being of victims of gender violence. With the objective of carrying out a comparative study between Ecuadorian and Mexican legislation, emphasizing the measures adopted in the legal system of Mexico, since it has a regulatory framework focused on the protection of women victims of gender violence. These regulations establish firm mechanisms to try to reduce and eradicate re-victimization, while in the Ecuadorian judicial system there is a lack of specialized protocols on gender violence, a limitation in the gender perspective and a lack of training for justice operators. In order to delve deeper into the structural causes of re-victimization and to be able to identify the moments in the criminal process where greater re-victimization is evident, quantitative and qualitative methods were used, through surveys directed at victims and their families. On the other hand, the use of interviews with different officials of the judicial system, in order to understand the legal perspective of the application and guarantee of the constitutional right to non-re-victimization. Ultimately, it is proposed to implement specific protocols and regulations to address the gaps in Ecuadorian legislation, with the purpose of ensuring victims an effective, empathetic criminal process based on respect for the rights of victims.