Orality at the Service of the Search for Truth in the Labor Process

Abstract

This paper addresses one of the problems of contemporary justice: the confrontation of the real truth against the formal truth; thus, it is necessary to realize a preliminary study of the norms applicable to the search for compensation for damages caused to people, which must focus on effective judicial advise in order to be transferred to labor matters, studying the adjective law. The text analyzes the powers of the judge in the legal process, taking into account the social disadvantages that may arise from the relationship of employment and from an oral justice system. It also evaluates the limits that the judge must have during the evidentiary stage and the need to issue sentences only when there is a true knowledge of the facts. Finally, some conclusions are drawn regarding the immediacy that must exist between the judge and the parties in labor processes and the speed with which matters must be concluded.