El juramento deferido en materia laboral y la igualdad procesal de las partes procesales

Abstract

The research analyzed the evidentiary figure of the deferred oath in labor matters framed in Article 185 of the COGEP against the principle of equal procedure of the parties, supported by the CRE and international regulations. The purpose of the study was to identify elements for the applicability, judicialization and effects of this evidentiary element in the face of respect for the principle of procedural equality. To meet the objectives set, a qualitative approach was implemented, through interviews with experts in labor law. Likewise, a descriptive method was used, managing to characterize both variables and understand the causes and consequences that correlate with the deferred oath and procedural equality. The results showed the need to maintain an evidentiary figure in favor of the worker, however, the norm has a legal vacuum that affects the employer's right to defense and marks an obvious omission to the right to contradiction, which generates a violation of the principle of procedural equality and due process, In addition, there is no means by which it can be evidenced that the worker acted in good faith and with adherence to procedural loyalty. It was evident that in practice there are difficulties for judges in not establishing clear parameters for the evaluation of this evidentiary tool. The research concluded that the parameters of the deferred oath as an exceptional tool are delimited, but the implementation of mechanisms is required to corroborate the information provided by the oath, in addition to adding express parameters for the assessment and adding an instrument by which the oath can be contradicted and questioned, thus solving the limitations at a practical level.