Bibliographic citations
Urbina, S., (2020). La oportunidad de la entrega de la contestación de la demanda en el proceso abreviado laboral y su incidencia en el derecho de defensa de la parte demandante [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/26575
Urbina, S., La oportunidad de la entrega de la contestación de la demanda en el proceso abreviado laboral y su incidencia en el derecho de defensa de la parte demandante [Tesis]. PE: Universidad Privada del Norte; 2020. https://hdl.handle.net/11537/26575
@misc{sunedu/3037201,
title = "La oportunidad de la entrega de la contestación de la demanda en el proceso abreviado laboral y su incidencia en el derecho de defensa de la parte demandante",
author = "Urbina Sotero, Sergio Andrés",
publisher = "Universidad Privada del Norte",
year = "2020"
}
The current research analyzes the abbreviate labor process in relation to the respect of the claimant defense right related to the right to contradict evidence and means of defense that are offered by the defendant in its answer of demand, which is handed in in the unique audience, having the claimant only the time that judges decides in that moment to revise and analyze the answer of demand, situation that is regulated in the number 1 of the article 49° of the New Procesal Labor Law. In this situation, the analysis of labor cases in different labor processes, will determine the time allowed by the judge to the claimant to revise the answer of the demand and the result obtained in the sentence in relation to what was petitioned in the demand as well as the means of defense that defendant could use and the petitioner had to respond in audience. On the other hand, there were some interviews to specialist in Labor Law and Process Law, in this case, labor judges that handles abbreviate labor processes according with the New Process Labor Law, with the purpose to obtain different op, with the purpose inions of people that are directly related with the current investigation, because of their charge, they direct the audience, being they the ones who award the prudential time to the claimant in order to revise the answer of demand, and they have the possibility to determine if the claimant can hold a good defense respect of his theory of case, or which would be a necessary tool for parties can fully exert their right of defense. In conclusion, in the current research it will be analyzed the effect of the opportunity of the presentation of the answer of demand in the abbreviate labor process regulated in the New Process Labor Law in the right of defense of the claimant, in respect of his right of contradiction related to the means of defense used and the evidence offered by the defendant, with the purpose of determinate if there exists infraction of this right, having into consideration as well the comparative law and to propone an alternative of solution.
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