Resumen

PALOMO V., Diego; DELGADO C., Jordi  y  CONTRERAS R., Cristián. The annulment appeal under article 478, literal b), of the Chilean employment code: review of the limitations, a diagnosis and a look at solutions. Bol. Mex. Der. Comp. [online]. 2022, vol.55, n.164, pp.133-161.  Epub 14-Jun-2024. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2022.164.18093.

The restrictive and formalistic interpretation that the courts have given to the Employment Annulment Appeal as an instrument of control of what was decided by a first level monocratic judge, has, in fact, created a large portion of uncontrollable decisions, affecting not only of the right of access to an appeal remedy established in the ordinary legislation, but also to the prohibition of the overflow of the powers of a lone sentenced in the sense that they mark the limits imposed by respect for the so-called rules of healthy criticism and the duty to motivate failures. Starting by overcoming of the mirage of judicial infallibility, we hereby review the excessively restrictive and formalistic interpretative criteria found in a series of representative Courts of Appeal decisions, on hearing and deciding Employment Annulment Appeals. In this paper, we propose a diverse, balanced, and proportional solution to the one that the judicial praxis has established so the cause related to sound criticism stays inoperative and reduced to a formal control devoid of real content.

Palabras llave : Right to appeal; formalistic interpretation; appeal of annulment.

        · resumen en Español     · texto en Español     · Español ( pdf )