Examinando por Autor "Lora Brenner, Carlos Armando"

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Acceso abierto
Análisis de la supremacía constitucional de los derechos fundamentales en materia laboral individual en las sentencias del Tribunal Constitucional durante el periodo 2007-2016
(Universidad Privada Norbert Wiener, 2020-01-18) Lora Brenner, Carlos Armando; Tafur Portilla, Raúl Arturo
The present investigation is based on determining the relationship between the Constitutional Supremacy and the sentences of the Constitutional Court, in individual labor matters, for which a general negative hypothesis has been formulated, while it is proposed that the sentences of the Constitutional Court in Individual labor matters are not related to the concept of Constitutional Supremacy, since for its drafting the fundamental labor rights protected by the Magna Carta are not considered. In order to carry out this investigation, the Constitutional Court judgments in individual labor matters, from 2007 to 2016, which total 759 sentences and a sample of 86 sentences of the referred period have been taken as a population. Two qualitative variables have been considered, the first referring to the constitutional supremacy of fundamental labor rights and the second variable concerning the judgments of the Constitutional Court in individual labor matters. For the purposes of the investigation, variable 1, constitutional supremacy of fundamental rights in labor matters, has been operationalized, which is operationalized in two dimensions on the application of standards, in the same way variable 2, judgments of the Constitutional Court in labor matters individual, in five dimensions, that constitute the fundamental constitutional labor rights that are protected in the amparo process that are raised by affectation to this type of rights; For this, the right to dignity, work as duty and right, the right to equal opportunities without discrimination, the right to the inalienable nature of the rights recognized by the Constitution and the law, and the right to interpretation have been considered favorable to the worker in case of insurmountable doubt about the meaning of a norm. For the purposes of data collection, a Data Collection Card has been prepared, in order to record the results values of the indicators, which consist in the application or not of the fundamental rights in the text of the sentences, obtaining dichotomous results. From the result of the collection of the information obtained, making the verification of these data, it has been found that only 25.58% of the component judgments of the sample base their position on a fundamental right, of which 9.1% apply for resolution of the sentence constitutional principles, which is equivalent to two sentences out of a total of 22 sentences. On the other hand, it is found that 45.5% of sentences that are part of this group of sentences that base their position on a fundamental right, apply norms with the rank of law in their livelihood. By these data it is confirmed that the sentences of the Constitutional Court in individual labor matters, have no constitutional basis in their foundations, confirming the general hypothesis raised, although statistically it has been found that the database worked is not significant.