Vulneración del derecho a la prueba en el juzgamiento anticipado laboral

Abstract

No stranger to us that the implementation of the labor procedural reform holds major objectives towards effectuate the fundamental rights of individuals through mechanisms and legal procedures involving concretize a prompt and effective solution, to name a few examples are: a process short deadlines, prevalence of orality, the peculiarity of being a process hearings, the implementation of technological means, the establishment of an independent conciliation hearing, among others. However, still latent problems "structural - cyclical" seeking to undermine the expensive objectives pursued by the New Labour Procedure Act, on the one hand we own contingency implementing a reform without budgetary or logistical support, including we have the backlog of work processes as most are resolved over a year or reason that hearings are scheduled over 10 months into a procedural act; on the other hand, is a subsequent issue to a "bad judicial practice" consisting of the reluctance of litigants to settle disputes through an alternative dispute resolution mechanism, that is, the reconciliation, which leads to debate the relevance and effectiveness of the conciliation hearing. Under this scenario, it has been the judicial district of La Libertad - home of labor employment and national-Litigation innovative said that to counter the problems cited in the preceding paragraph through the application of prior judgment proposals, simplification mechanism procedure that has had an outstanding presence in the acquittal of processes and has even generated the same jurisdictional operators develop jurisdictional criteria in order to determine their correct application. In that sense, this research addresses the anticipated judgment under three vital facets of the law, we have the doctrine mainly support the theoretical framework of both the prior judgment, the right to test the subsequent relationship with the guiding principles of the New Law Working Procedure and the labor process itself (specifically the principles of concentration, speed and procedural economy) as well as the presentation of evidence and the duty of motivation of judicial decisions; Subsequent lines in both the national and would extract normative regulation and analyzed the casuistry, that is, 60 lawsuits resolved by this mechanism of procedural simplification. However, the study of court proceedings in 2013 allowed judges to analyze whether the prior judgment correctly applied either motivating his oral decision given the structure of the labor process and, if determined configurators assumptions of this mechanism properly procedural simplification for a timely resolution of the case, all in order to establish procedural guidelines or specific criteria to use in a greater degree.