Que, en el sistema Oral Laboral exista solo la audiencia definitiva para de esa manera se aplique el principio de Economìa Procesal y que en la contestaciòn de la demanda se presente la prueba correspondiente
In the work process, we should note that the oral process is carried them through hearings and occurs in the form primordial immediacy. At both, the oral process, we call it good hearing process. This new concept involves a change to the traditional writing process, because the seat of the court no...
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| Formato: | bachelorThesis |
| Publicado em: |
2016
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| Assuntos: | |
| Acesso em linha: | http://dspace.unl.edu.ec/jspui/handle/123456789/10238 |
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| Resumo: | In the work process, we should note that the oral process is carried them through hearings and occurs in the form primordial immediacy. At both, the oral process, we call it good hearing process. This new concept involves a change to the traditional writing process, because the seat of the court no longer simply a place of written submissions to become the right place for the realization of the process, in a live, active and dialectical, in the presence of the parties and the judge. The oral process does not develop in isolation and far, where the result only of interest to the plaintiff and the defendant, is a work that is done in common which all contribute to its development. This changes the view of the process: in the written judgment, vision is partial and very particular, in the trial is universal joint. The Involved in the process from the preliminary hearing have vision over your object and its possible outcome. It exposed me think that within the oral proceedings related to employment, there is only a single hearing is the final hearing , to apply the principle of judicial economy, this is based on sound principles of economics and wants the process to develop and function as a " rational machine " with maximum performance and save energy, time and money, so that the process meets his ultimate end : give every citizen the justice it deserves. 6 Under the inspiration of economic theory, the jurists have structured this principle, to obtain, at the end of a trial and throughout the administration of justice, optimal results with minimal costs ( cost-saving and time). The ultimate purpose of any process, and to achieve it, it must be, well organized, "evidence is sought , this condition is referred to achieving better and strong belief of the judge, if a judgment is obtained, as uncluttered as possible, to the articulation of a court system and capable resources to meet the most stringent technical requirements, whether to resolve an incident notification, these cover the greatest number of possible contingencies , and so on all and any order of the complexes procedural presented to us. When I refer to minimum spending I mean all kinds of spending: money, time, human activity. The principle of economy is manifested in the "Economy of time , so that means the problem of the speed of the process, economics of money, the problem of the cheapness of justice , and labor economics the problem of simplicity. As stated that within the oral process work, there is only the final hearing, and also that the demand and response to the petition submitted evidence that the respective legal professional deems them appropriate. Problem is legal socio because both society which in this case is the productive sector employers and workers, processes need to be resolved quickly, to meet their obligations, and 7 not delayed as in the present case in the respective labor courts, and legal why not apply the procedural principles in this case the principle of judicial economy. Speaking of legal professional if to be a single hearing in the labor process, the lawyer for being manager of the respective laws, doctrines, and jurisprudence, have to soak up the issue that will litigate against his opponent, and his judge, as is the competent judge in this case labor. |
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