As It Lay Dying: Critical Exam of the Unique Court Model for Labor Matters in the Province of Buenos Aires
Mientras agoniza: Examen crítico del modelo procesal de instancia única en materia laboral de la Provincia de Buenos Aires
| 2020 | |
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sujetos de especial protección vulnerabilidad principio protectorio trabajador apelación subject of preferent constitutional protection vulnerability labor protection principle worker appeal |
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| Español | |
| Universidad Católica del Uruguay | |
| LIBERI | |
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https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/2154
https://hdl.handle.net/10895/4204 |
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| Acceso abierto |
| Sumario: | Procedural guarantees include the possibility of reviewing the sentence by a higher court, as recognized in Article 8.2.h of the American Convention of Human Rights. Although that provision refers solely to criminal judgments, the Inter-American Court of Human Rights holds that the former procedural guarantee applies also to tax, administrative, civil and labor law. This article will maintain that even the unique court model was left behind, judges has not been provided in the Chambers of Appeals of Labor. In fact, there is not a single change in the actual enforcement of the right to appeal. Even more, Buenos Aires’ State Supreme Court still holds its same positions and, thus, it rejects to enforce to that right by itself. That does not fit in procedural standards of the regional system and, besides, it entails a lack of defense for a subject of preferent constitutional protection: the worker. |
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