Expansion of criminal law and punitive populism: regression of guarantees in Ecuador

Abstract

The Ecuadorian penal system has undergone a significant transformation characterized by the expansion of the State's punitive power, a phenomenon that legal scholars identify as the expansion of criminal law. Within this context, punitive populism has had direct impacts on the Ecuadorian prison system, evidenced by the increase in the prison population, overcrowding, and the deepening of conditions of social exclusion. The object of this study was to analyze the expansion of criminal law and punitive populism: regression of guarantees in Ecuador. A documentary research methodology was applied, and the study is explanatory and bibliographic in nature. The findings demonstrate that punitive populism not only influences the production of legislation but also the actions of justice system operators, who may feel pressured to adopt harsher measures in response to public opinion and the political context. This generates a risk of instrumentalizing criminal law as a symbolic tool, aimed at demonstrating state effectiveness rather than addressing the structural causes of crime. In conclusion, the expansion of criminal law and the rise of punitive populism in Ecuador have created a scenario of regression in guarantees, in which the fundamental principles of the constitutional state of law and justice are progressively weakened. This process poses significant challenges for legal doctrine and practice, as it demands a rethinking of the limits of punitive power and the need to reorient criminal policy toward an approach that respects human rights, proportionality, and penal rationality.