La declaratoria de abandono en audiencia no vulnera la tutela judicial efectiva del trabajador.

Abstract

The procedural institution of abandonment has a procedural importance capable of concluding the judicial process in an extraordinary way. The effects of this figure extinguish the procedural relationship established between plaintiff and claim, directly influencing the substantive relationship of the parties by not having a firm resolution that gives certainty to the disputed right. With the entry into force of the General Organic Code of Processes, the abandonment has had several reforms that have been aimed at protecting the constitutional right to effective judicial protection, since it was being affected by its drastic effects by not being able to resubmit the demand, once the abandonment has been declared. By virtue of that, the legislative body has attempted to grant cases involving labor rights reinforced protection, preventing the declaration of abandonment. However, the legislator has also made reforms to what we call "declaration of abandonment at hearing", keeping in force the essence of the article that, in our opinion, intends to protect the dispositive principle that governs civil procedural matters, without making any distinction. In this sense, we will examine how the procedural figure of abandonment and its declaration at the hearing can coexist with the express prohibition of the impossibility of abandonment in labor matters, without violating the right to effective judicial protection of the worker.