Abstract

TAVERAS, Ramón Jorge. Labor Reform and Social Constitutionalism in the Dominican Republic. The transforming effect of labor relations through concentrated control of constitutionality. Rev. latinoam. derecho soc [online]. 2021, n.33, pp.195-225.  Epub Dec 16, 2021. ISSN 2448-7899.  https://doi.org/10.22201/iij.24487899e.2021.33.16328.

This article analyzes the impact that Constitutional Court decisions have had on the labor reform in the Dominican Republic. Many of the Latin American countries have established constitutional courts or tribunals to guarantee and interpret fundamental rights. The decisions of the constitutional court establish binding precedents for all powers of the State. Given that constitutionalism in Latin American countries has a marked social nuance, almost all the constitutions of these States have included in their contents, the fundamental labor law, which makes the interpretation that these courts make of labor rights and labor rights important. precedents that are created, in a comparative context.

The main objective of this article is to investigate to what extent the participation of the Dominican Constitutional Court in the exercise of concentrated control of constitutionality has contributed to guaranteeing the fundamental right to work during its first five years of judicial activity (2012-2015), contributing to the development of Dominican social constitutionalism through a transforming effect of labor relations. In the Dominican social state, the jurisprudential activity of its Constitutional Court can contribute to the construction of indicators, in order to determine the current state in which this social constitutionalism is currently; with emphasis on the guarantee of the fundamental right to work, considering that social constitutionalism promotes the creation, reinterpretation and passive labor reform in the Dominican Republic.

Keywords : fundamental right to work; social constitutionalism; labour reform; Constitutional Court; concentrated control of constitutionality.