Abstract

PALAVECINO CACERES, Claudio. Inquisitor’s return. The judicial powers in labor evidence within Chilean labor procedure. Rev. latinoam. derecho soc [online]. 2011, n.13, pp.117-140. ISSN 2448-7899.

Since the distinction between the dispositive principle and the principle of contribution, the author investigates whether the configuration of the new procedures for labor trials, introduced by Law 20.087, has left except the minimum content of the first principle, limiting our legislature to hold procedures to the principle of investigative impulse or if he went further, to create an inquisitorial system of labor justice. The analysis of the formal powers and, above all, the material powers of the new labor court leads the author to conclude that this is an inquisitive justice model, which raises doubts about its compatibility with the foundations of our democratic political system and with fundamental rights of the parties and especially with the guarantees of due process.

Keywords : evidence in the labor process; labor judge; judicial powers.

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