The labor process in the second instance. Some conceptual clarifications

Abstract

The study presented here focuses on the analysis of the labor process in the second instance, specifically in the context of the judicial debate on appeal against the first instance judgment of the labor judge. It is worth noting that there is a tendency in most of the countries of our region to provide for the right to appeal the judgment, as is the case in several provinces of Argentina, Brazil, Colombia, Ecuador, Paraguay, Peru, the Dominican Republic and Venezuela, among others. Other countries have mixed systems depending on the amount, as is the case in Uruguay. On the other hand, there is another trend towards a single instance in the labor trial, as is the case, for example, in Chile, Spain and Mexico. In this study we will analyze the different contexts. Among the conclusions it is stated that the judge is a human being and there is fallibility, consequently, it could affect the rights of the parties in litigation because judges may make mistakes, misapplying the law, since as human beings they cannot escape the margin of involuntary error, hence the need to establish appropriate means for the redress of grievances and injustices that may arise from these possible faults has been recognized, granting for this purpose the appeal.