1. El principio in dubio pro operario en el proceso laboral venezolano.
- Author
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Angarita, Josnelly
- Subjects
- *
LABOR laws , *EMPLOYEE rights , *LABOR market , *PROBATION , *LEGAL procedure , *JUSTICE administration - Abstract
In this paper the scope of the principle in dubio pro operator in the assessment of the evidence, the limits of their application and linking of sound with the protective principle is analyzed; also, the probation and informal labor court activity and techniques or guidelines that could apply this principle. It is a documentary research that shows that the principle in dubio pro operator leads to clarify the dubious facts favoring the worker be legally weak. Consequently, there should be no limits on the application of that principle, since the judge must have the full conviction and make the right when assessing the evidence under his logical reasoning assessment. It is concluded that the judge in applying this principle, should take into account the lessons of experience, the identity of things under intuition and sound judgment. Also, reasoning the facts and circumstances, using inductive, abductive and deductive logic in this order and intuition in assessing evidence. the amendment of Article 10 of the Procedural Labor Law and the creation of a multidisciplinary team proposed for the operator of justice clarify the doubts that are presented and complement to the ruling, contributing to the sentence fairer. [ABSTRACT FROM AUTHOR]
- Published
- 2016