Principio de oralidad y su incidencia en el proceso de indemnización por despido arbitrario en las empresas privadas de San Isidro en 2019

Abstract

This article aimed to Determine how the principle of orality impacts on the process of compensation process for arbitrary dismissal in private companies, San Isidro, 2019. The methodology of the study was of a qualitative approach and of a basic type, counting with a design of grounded theory. Likewise, the interview guide and document analysis guide were used as data collection instruments. The conclusion was that the principle of orality has a positive impact on the process of compensation for arbitrary dismissal, because the orality allows the parties to support their theories of the case and evidence orally before the judge, so that the judge can directly hear how the dismissal took place, in order to issue a ruling in accordance with the law and within a reasonable time, thus guaranteeing the right to effective judicial protection. However, there are shortcomings when legal practitioners use the orality, which are detrimental to the provision of effective judicial protection.

 

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