Examinando por Autor "Sanabria Pabón, Keyli Alejandra"

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  • Publicación
    Restringido
    Medidas cautelares innominadas: criterios de aplicación en los juzgados de pequeñas causas laborales de CÚCUTA, NORTE DE SANTANDER.
    (Cúcuta, Universidad de Santander, 2020, 2020-07-10) Sanabria Pabón, Keyli Alejandra; Niño Chía, Leonardo-Fabio.
    The Colombian legal system in order to guarantee effective access to the administration of Justice and in protection of procedural equality, created the legal instrument of precautionary measures: nominated and unnamed, so that the citizen represented by their lawyer, employs them or request them as an instrument that provisionally protects and / or protects while the judicial process is being ventilated, all those rights claimed in the process or that are intended to be declared by the togado. That is to say, the precautionary measure has been developed throughout the Colombian legal advance as the temporary protective instrument of rights so that the citizen part of a judicial process ensures that their condition will not deteriorate while the process is carried out in In order to study this properly academic research, it was decided to illustrate the criteria used for the Unnamed Precautionary Measures, in the labor judicial processes that, being one of the jurisdictions with a large field of demand by Colombian citizens , by ensuring relations between the employer and the employee, which although the objective of the labor jurisdiction is to guarantee the fundamental right to work, it has been one of the jurisdictions as previously most demanded by Colombians today . The present work develops or focuses its objective on the criteria applied by the trial lawyers and the judges of the labor jurisdiction, the first to request and the second to grant a precautionary measure, more specifically the unnamed ones, due to their lack of regulation in the legislation, It grants the judges the power under their discretion and sound criticism to grant the protection of said right and to the trial lawyers to establish which unnamed measure to request.