Eficacia de la privación de libertad como instrumento de reinserción social en el sistema penitenciario de Guayaquil.

Abstract

This essay will analyze the effectiveness of imprisonment as a mechanism for social and professional reintegration within the Guayaquil prison system, from an analytical legal perspective. To this end, I will draw upon relevant legal norms, including the constitutional framework, which establishes comprehensive rehabilitation as one of the aims of punishment, as well as the main theoretical and doctrinal arguments that address the idea of social reintegration. I will also mention important national and international court rulings that help strengthen the State's role as the guarantor of the rights of incarcerated individuals. However, when comparing the legal framework with reality, it becomes quite clear that there is a significant difference between what the law stipulates and what happens in daily practice. Issues such as prison overcrowding, internal violence within prisons, limited training opportunities, and the lack of implementation of post-release support policies have a noticeable impact on the likelihood of successful reintegration. Furthermore, the prison system prioritizes punishment over rehabilitation, leading to unsatisfactory results. The deprivation of liberty has failed to achieve its goal of reintegration and rehabilitation, a fact we witness daily. Understanding and confronting this reality is quite questionable; public policies focused on rehabilitation, particularly in the workplace, must be implemented through the development and implementation of programs that promote it.