Memoria y olvido, impunidad ante la no aplicación del control difuso de convencionalidad y el debido proceso

Abstract

This review article aims to analyze the relationship between collective memory and impunity in Ecuador, focusing on the lack of application of diffuse conventionality control and due process in cases of human rights violations. A systematic literature review was conducted using the PRISMA methodology, consulting academic sources, reports from international organizations, and relevant national regulations. The findings reveal that the lack of effective implementation of diffuse conventionality control limits the judicial system's capacity to guarantee justice, contributing to the perpetuation of impunity. In turn, deficiencies in the application of due process negatively affect access to justice, especially in cases of serious human rights violations. Collective memory is affected by the absence of effective transitional justice mechanisms, which favors institutional neglect and a lack of reparation for victims. It is concluded that strengthening the training of justice officials in international standards, guaranteeing judicial independence, and promoting historical memory policies are key elements for combating impunity and guaranteeing the right to truth, justice, and reparation in Ecuador.