La improcedencia de la declaratoria del abandono en materia laboral.

Abstract

Ecuadorian legislation has undergone essential reforms to streamline procedures and adapt them to a contemporary oral procedural system. From this evolution, the concept of abandonment of cases and its associated legal effects arises. Abandonment is understood as a procedural sanction imposed on the plaintiff, the purpose of which is to safeguard the right to defense. This analysis requires careful consideration to distinguish between abandonment due to lack of procedural momentum and non-attendance at hearings. The relevance of the procedural concept of abandonment in judicial processes is significant, as it leads to the extraordinary conclusion of the process. The effects of this institution result in the extinction of the procedural relationship established between the plaintiff and the defendant, directly impacting the substantive relationship of the parties by lacking a final resolution that provides certainty to the disputed right. In this context, the legislative power has sought to provide enhanced protection for cases involving labor rights, thus avoiding the possibility of declaring abandonment. However, despite these measures, the legislator has also introduced reforms in what is known as declaration of abandonment in a hearing, preserving the essence of the article that, in our opinion, seeks to safeguard the adversarial principle governing civil proceedings without making specific distinctions.