Imposibilidad del abandono en juicios laborales : su problema en la práctica.

Abstract

This degree work contains a critical analysis of the institution of abandonment regulated in the Arts. 245 and following of the General Organic Process Code (COGEP), following the latest reforms published in the Official Register Supplement No. 517, dated June 26, 2019. The definition and clarification on the types of abandonment in our system will allow us to maintain a clear understanding on the subject to be treated “the impossibility of abandonment in work trials: their problem in practice”. COGEP observes abandonment as a sanction for procedural malpractice and applies to all processes in general except, including those that matter in this work, the processes in which labor rights of workers are involved. The analysis will allow us to glimpse; first, the doubts that the judge may present in practice because COGEP establishes that there are two types of abandonment - abandonment due to lack of hearing and due to lack of prosecution - and the impossibility of this legal institution it does not indicate to which type of abandonment it is directed; and, second, the clear abuse of the right to make the declaration of abandonment to these processes impossible.