Prison Overcrowding and Its Relationship to the Operation of Criminal Gangs: A Critical Analysis of the Rehabilitative Function of the Penitentiary System

Abstract

This scientific article focuses on analyzing the intricate relationship between prison overcrowding and the proliferation of criminal gangs in the Ecuadorian context, examining how judicial decisions within criminal proceedings generate collateral consequences that exacerbate the national prison crisis. The main objective is to understand how overcrowding, together with the excessive growth of criminal organizations within prisons, have become crucial factors that have plunged Ecuador into serious internal and external security problems. Methodologically, a qualitative approach was adopted, employing bibliographic, analytical, and inductive research methods to explore this issue. The results of this research show that these prison conditions, far from fulfilling the rehabilitative function of the Ecuadorian prison system, have intensified violence, manifesting in an increase in homicides, kidnappings, extortion, and other crimes, significantly contributing to the rising crime rate in society. In conclusion, prison overcrowding presents a breeding ground for the expansion of criminal gangs, transforming prisons into hotbeds of violence that transcend their walls and affect the overall security of the country, distorting the fundamental principles of Ecuadorian criminal procedural law aimed at rehabilitation and respect for rights.