Presentation of jurisprudence

Abstract

Five years after the implementation of the procedural labor reform, the question regarding the novel aspects of the new litigation system must necessarily be addressed by considering the constitutional protection of fundamental rights and the appeals system, among other aspects such as the expedited payment order proceedings and the concentrated, oral trial format itself.

The action for protection has revitalized the body of case law regarding the constitutional protection of fundamental rights, within a context of relationships characterized—as a general distinguishing feature—by a notable asymmetry of social and economic power, and in which the legislature, recognizing the direct and horizontal effectiveness of these rights, has decided to intervene by granting this fundamental remedy of effective protection.

The papers in this section address two crucial points: the penetration of the action under Article 485 of the Labor Code into the employment relationships of public servants (regardless of their legal status), which has led to a jurisprudential evolution— a topic addressed by Professor Daniela Marzi; and, on the other hand, the judicial protection of freedom of association, in the systematic analysis provided by Professor César Toledo.

Finally—prior to the analysis of relevant case law—Attorney Samuel Soto’s article includes an exhaustive and systematic compilation of the unifying case law of the Labor Chamber of the Supreme Court, at precisely the time when unified criteria appear to be evolving toward greater recognition of the principles of labor doctrine and the validity of protective legislation, despite its undeniable regulatory shortcomings.