La prueba en el procedimiento sumario laboral, aplicada a los actos de proposición y su practica en audiencia. Fortalezas y errores

Abstract

The following research focuses on the theoretical and practical study of the proof in the “Labor Summary Procedure” applied specially to the acts of proposition and its practice in the Hearing. After analyzing the cases that were put into consideration by the “Labor Judges” it can be drawn as a conclusion that: in the vast majority of them, the defense attorneys have not presented the proof with the due prolixity that each case requires. Those flaws can be noted from the pre-procedural stage, in the lawsuit´s drafting, the answer, and more specifically in the announcement and production of the proof. In the same way, when attending, witnessing, observing and analyzing the “single Hearing” in the labor cases (mostly) there is a lack of preparation of law professionals in oral litigation techniques, and they even seem to forget that both labor law and social security law are eminently technical, which requires specific knowledge of the labor issue, which must necessarily be reviewed by all future legal professionals and the lawyers themselves.