La dominación patriarcal en el sistema de justicia ecuatoriano

Abstract

The aim of this essay is to analyze how the patriarchal system influences legal practices and processes, in particular how instruments intended to protect women from gender-based violence, such as the “boleta de auilio”, can be used as tools for violence. The study adopts a critical legal perspective, from a sociological and feminist approach, to explore how the dynamics of power and domination are rooted in both the content and application of laws. The methodology consists of a critical analysis focusing on the “boleta de auilio” in Ecuador, to examine how this protective measure has been manipulated to perpetuate violence against women. The reflection focuses on discursive and legal practices within the judiciary to reveal how informal mechanisms contribute to gender-based oppression. The results highlight that while the legal system theoretically offers protection to women, in practice, patriarchal power structures distort these instruments of protection, turning them into potential mechanisms of control and violence. The research shows that the law, rather than serving as a tool for justice, often reinforces the domination it is meant to dismantle. The article concludes that the legal system, despite its potential to bring about social change, remains deeply rooted in patriarchal domination. It calls for a critical reexamination of how legal protection measures are applied and suggests that if these underlying power dynamics are not addressed, legal reforms will fail to protect vulnerable groups from violence.