Bibliographic citations
Soto, S., (2022). Despidos incausado y fraudulento desarrollados por la jurisprudencia constitucional y sus implicancias en la tutela jurisdiccional efectiva en los procesos de reposición laboral en el Perú [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/4906
Soto, S., Despidos incausado y fraudulento desarrollados por la jurisprudencia constitucional y sus implicancias en la tutela jurisdiccional efectiva en los procesos de reposición laboral en el Perú []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/4906
@mastersthesis{renati/960796,
title = "Despidos incausado y fraudulento desarrollados por la jurisprudencia constitucional y sus implicancias en la tutela jurisdiccional efectiva en los procesos de reposición laboral en el Perú",
author = "Soto Rodríguez, Sanin",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
This thesis has a purpose that focuses on the reason for it, to establish the deficiency in the jurisprudential regulation of uncaused and fraudulent dismissal and its affectation to effective jurisdictional protection and of course there is the most appropriate solution to it without affecting its legal nature, since dismissal is a constant fact that occurs in all labor relations. In the thesis, the entire substantive and procedural part of the two types of dismissal is developed. It is important to bear in mind that to date the constitutional jurisprudence that constitutes the source of creation of these types of dismissals has regulated them in a generic way without clearly defining their substantive or procedural aspects, thus generating arbitrariness and implication in the resolution of dismissals. specific cases affecting the effective jurisdictional protection in the processes on reinstatement at work, because even, figures such as uncaused and arbitrary dismissal are used in common by the Constitutional Court when contrary to it the Supreme Court who also takes cognizance of these types of dismissal, he differentiates it from arbitrary dismissal. In this way, the approach of the investigation that has been used is the qualitative documentary, being the type of legal investigation the dogmatic exploratory one, having used as instruments of data collection the documents constituted by the most relevant jurisprudence issued by the Constitutional Court and the Supreme Court of Justice of the Republic on false and fraudulent dismissals. In this way, it has been possible to notice through the analysis of the almost uniform and limited most relevant jurisprudence of these two types of dismissal that effectively this generic jurisprudential regulation significantly affects the effective jurisdictional protection in the processes of reinstatement at work when it is discussed these types of dismissal. It has been concluded that there is a deficiency in the manner in which these dismissals have been regulated in jurisprudence from the substantive and procedural point of view, hence I have hereby allowed myself to design, by way of recommendation, the issuance of a binding precedent that delimits and specifies all the aspects hitherto deficient from the point of view of constitutional and labor jurisprudence for clear purposes is that there is adequate jurisdictional protection against the solution of specific cases in the panorama of uncaused and fraudulent dismissals.
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