Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Bayas Ordoñez, Franklin RolandoSubject: search.filters.subject.DERECHO LABORAL

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    El principio de inmediación en relación con la actuación de los jueces suplentes en el procedimiento oral laboral
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2016-03) Bayas Ordoñez, Franklin Rolando; Espín Sandoval, Luis Fernando
    The present work of investigation tries about “The Principle of Immediacy in Relation to the Action of Judges Alternatesin the Labor Oral Procedure”. For the accomplishment of the present work of investigation an analysis will consider on the Principle of Immediacy with the action of the judges, related to procedural terms. The justice administration will guarantee indicated procedural principles in the Constitution and is vitally important to know its fulfillment. The proposal of this investigation is focused to the fulfillment of the guarantees of the due process, is this case when being the principle of immediacy in relation to the action of the judges in the labor procedure oral, was obtained like result who if they affect the principle. Systematically in our legislation to entered the Oral System in procedural matter, in year 2003 reforms to the Code of Work were introduced, establishing to the Oral processing in the Labor judgments. The Oral System presents advantages in front of the written process, but the procedural Legal reality of certain cases that the law does not contemplate, has generated several problems, as the Action of Judges Alternates without being properly regulated, that is to say I do not throw Labor, is based more problematic happiness because they exist right Fundamental consecrated in the Constitution that they protect to the procedural parts and when not having legislated the action of the substitute judges they are attempted against these principles. This research work has as an aim to as much establish a reform to the Code of Work like the statutory law of the Judicial Function that allows the substitute Judge to follow in its knowledge until getting to dictate the resolution, with this propose reform not only will be guaranteed the principles, but it will be applied with benefit to all the procedural parts. The Principle of Immediacy has been of a deep analysis, its importance but mainly its applicability and fulfillment within this proposal, reason why present study as guide for students of Right is recommendable east.