Análisis jurídico del formalismo en el proceso oral laboral ecuatoriano: propuesta de reforma al codigo del trabajo

The problematic part of the investigation, has his defense in that first exhibit on the development of the labor process oral Ecuador, which despite being widely advocated in Ecuador's doctrine as one that is linked with the constitutional principles governing the judicial system and the administration of justice, reveals some shortcomings, showing full body exists within configurative elements of formality and justice antinomy, which goes hand in hand with understanding a clear distinction between form, formality and formalism; and established the elements of the antithesis formality and justice, we can find the solution from moderate the rigor of procedural rite of justice operators, authorized if we speak, one of the elements of neoconstitutionalism, judicial activism and the role active judges discretionary processes submitted to it. One of the purposes of the research process is to find those elements that solve the contradiction between formalism and justice, and the other effect maybe a little more ambitious legislative reform is to achieve the purpose of conferring greater powers to judges to reach a formalism evaluative, wherein a request or ex officio, to find one or more procedural elements that threaten the value of justice, it can be ignored for the purposes of applying the constitutional provision under which justice is not sacrificed by the mere omission formalities. Therefore in this work the theoretical arguments, results of field research, in which tests are set demonstrates the need to free the judicial organ of the formalist bonds, giving judges an active role in the management of procedural instrument in the pursuit of truth and factual assessment while at the same time, seeks to enhance the powers of the parts and extend their warranties, so the process is no longer just a thing of the parties or the judge, but a value of society as a whole, ultimately, judicial activism in the cooperative posture and even the judge are now a virtually irreversible phenomenon, and the history of procedural law, it is revealed that passivity is not the way the judiciary more efficient to get the results of the process.

• Main Author: Trujillo Gavilanes, Jorge Bolivar (author)
• Format: bachelorThesis
• Language: spa
• Published: 2015
• Subjects: DERECHO; ANALISIS JURIDICO; PROCESO ORAL LABORAL ECUATORIANO
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/16502