Bibliographic citations
Arana, K., (2022). Tratamiento de la ejecución inmediata de sentencia y la medida cautelar basada en sentencia estimatoria, en los juzgados laborales de la Corte Superior de Justicia del Cusco, 2019-2020 [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5112
Arana, K., Tratamiento de la ejecución inmediata de sentencia y la medida cautelar basada en sentencia estimatoria, en los juzgados laborales de la Corte Superior de Justicia del Cusco, 2019-2020 []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/5112
@misc{renati/24282,
title = "Tratamiento de la ejecución inmediata de sentencia y la medida cautelar basada en sentencia estimatoria, en los juzgados laborales de la Corte Superior de Justicia del Cusco, 2019-2020",
author = "Arana Umeres, Katherin Lisset",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
The general objective of this research was to know the treatment given to the requests for immediate execution of sentences and precautionary measures based on a favorable sentence in the Labor Courts of the Superior Court of Justice of Cusco, 2019-2020. In this study, it was postulated as a general hypothesis that, the treatment given to the requests for immediate execution of sentence and precautionary measure based on an estimatory sentence in the Labor Courts of the Superior Court of Justice of Cusco during 2019 and 2020, presents an incorrect interpretation of the applicable norms, generating confusion and allowing the processing of unnecessary articulations and contrary to the tutelage of assurance. Within the theoretical framework, the theory referred to the immediate execution of the sentence and the precautionary measure based on an estimatory sentence was developed and analyzed. The research was qualitative documentary, the discussion of the results was carried out through legal argumentation based on the theoretical and factual data. The hypotheses were validated and the main conclusion was The treatment given to the requests for immediate execution of judgment and precautionary measure based on estimatory judgment in the Labor Courts of the Superior Court of Justice of Cusco during the years 2019 and 2020, presents an incorrect interpretation of the applicable rules, generating confusion and allowing the processing of unnecessary articulations and contrary to the tutelage of assurance, constituting a jurisdictional challenge due to the confusion presented by demanding compliance with the requirements of the precautionary measure when the treatment of the two requests is different. Likewise, the fundamental recommendation is that the Labor Courts of the Superior Court of Justice of Cusco should distinguish the requests for immediate execution of the sentence from the requests for precautionary measures with a favorable sentence, in order not to generate confusion in the applicants due to the way these requests are processed and the way they are dealt with in terms of deadlines and ways of resolving them.
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