Abstract

POZO VILLAMIL, María de Lourdes del  and  ZULETA SANCHEZ, Andrea Gabriela. Analysis of abandonment in labor matters and its impact on due process and Ecuadorian legal security. Rev. latinoam. derecho soc [online]. 2022, n.34, pp.3-28.  Epub Feb 13, 2023. ISSN 2448-7899.  https://doi.org/10.22201/iij.24487899e.2022.34.16730.

The objective of this work was to determine whether or not it is appropriate to apply the procedural sanction of abandonment in labor matters in Ecuador based on the analysis of the last reform of the General Organic Code of Processes, COGEP, of June 2019, we proceeded to Analyze the constitutional effect of the reform to the Ecuadorian procedural norm in labor matters. For which the descriptive and historical legal analysis methodology and study of comparative law were used. From which it was concluded that the possibility is left open that a labor process can remain active for many years through the filing of a labor lawsuit, in which an actor who has not appeared at the hearing on repeated occasions can return to request the convocation of the same; thus causing an unnecessary expenditure of resources of the Ecuadorian justice system, without said actor having a sanction for it. Said reform has not been analyzed by national writers, the present work sought to analyze the scope of said provision with its respective implications on legal security and due process.

Keywords : abandonment; indubio pro laborem; legal certainty; due process.