Citas bibligráficas
Rivera, R., (2016). Influencia de la decisión de los jueces laborales orales de prueba de oficio, de medios de prueba extemporáneos rechazados, en el derecho al debido proceso [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/10122
Rivera, R., Influencia de la decisión de los jueces laborales orales de prueba de oficio, de medios de prueba extemporáneos rechazados, en el derecho al debido proceso [Tesis]. PE: Universidad Privada del Norte; 2016. https://hdl.handle.net/11537/10122
@misc{renati/510638,
title = "Influencia de la decisión de los jueces laborales orales de prueba de oficio, de medios de prueba extemporáneos rechazados, en el derecho al debido proceso",
author = "Rivera Medina, Rocío del Carmen",
publisher = "Universidad Privada del Norte",
year = "2016"
}
ABSTRACT This research entitled “INFLUENCE OF THE ORAL DECISION OF LABOR JUDGES ABOUT THE EVIDENCE EX OFFICIO, AND EXTEMPORANEOUS EVIDENCE REJECTED, IN THE RIGHT TO DUE PROCESS“ aims to describe the scope of the evidence required ex officio as a legal institution, through its development in doctrine and legislation (national and comparative); which it has been implemented in the Article No. 22 of the New Procedure Act Work- Law No. 29497, hereinafter NLPT but by praxis come denaturing its scope to be used as a mechanism for incorporating extemporaneous evidence in the during a labor process; It also reflects the opinion of judges and lawyers in the Peruvian labor process, which under the legal practice and application of NLPT discuss their experiences on this performance, the criteria used to incorporate evidence, and how this might affect or not the right to due process (addressed as one of the research variables); also it may be established, by the review of labor process hearings where the practice is observed, if fundamental rights have been violated; to establish through this procedural recommendations practical solutions. The researcher also proposes a review of institutions that are engaged in such action and the principles on which the establishment of this mechanism is based, such as those that could be a solution to this practice. This research consists of five chapters; which are addressed as follows: “Chapter 1. Introduction“, has developed the problematic reality that frames the development of research and the respective formulation of the problem, its justification, the investigative constraints and objectives that guide the development of the thesis. “Chapter 2. Theoretical Framework“, have developed investigative selected theme background thesis being for the national case only theoretical; also it has provided the theoretical bases, which have been strategically organized into four chapters: i) The Peruvian Constitutional Court; ii) constitutional rulings; iii) The Constitutional Binding Precedent; and iv) The Fundamental Rights and its interpretation; It has finally been surmised a compendium of basic terms that will guide the reader to facilitate understanding of the theoretical issues addressed in the thesis. “Chapter 3. Hypothesis“, has exposed the methodological part consisting of: the formulation of the hypothesis, the operationalization of the variables that make up the research problem to set the measurement units to consider in our instruments. In Chapter 4, “Materials and Methods“, the research design study material consisting of units of study, populations and selected samples will be established, and; as well as the techniques, procedures and instruments used for both data collection and for analysis of the information collected in relation to variables that make up the research problem of this thesis. “Chapter 5. Results“, the results of the application of consistent instruments indicate: i) Guide expert judgment; ii) Guide document analysis, and iii) Guide jurisprudential Analysis, to then you interrelate in “Chapter 6. Discussion of Results“. Finally, findings, both general and specific will be established in relation to the objectives proposed in this research, then set the relevant recommendations from a legal perspective; accompanying the references used in research as well as annexes.
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