Role of Diffuse Control in the reforms of the Labor Justice System

Abstract

The 2017 constitutional reform and the 2019 legal reform in Mexico, in the field of labor, contain the thematic axis of labor justice, conciliation in the preliminary ruling stage, the new procedural labor law, union democracy and freedom of collective negotiation, all of which requires that the new labor judge play an active role, that is not limited to merely being the spokesman of the law, but a true guarantor of labor rights in individual, collective and social security affairs. To meet this objective, the judge must exert an ex-officio diffuse control when resolving a labor dispute, which consists of control of the constitutionality and conventionality that can lead to the inapplication of some norms (as an extreme measure, as they move through the interpretation of the law in the broad and strict senses), and to the use of pro-homine principles and the methods of proportionality, strict scrutiny and pondering.