La dimensión del principio "in dubio pro operario" en el S.XXI

  1. Patricia Prieto Padín 1
  1. 1 Universidad de León
    info

    Universidad de León

    León, España

    ROR https://ror.org/02tzt0b78

Journal:
Estudios Latinoamericanos de Relaciones Laborales y Protección Social

ISSN: 2445-0472

Year of publication: 2019

Issue: 7

Pages: 43-65

Type: Article

Abstract

This study starts by defining the reason of being an instrumental principle and weighing its development within the labour legal system. The operation of demarcating, that follows its internal analysis through the multiple manifestations or functionalities that it acquires (real and potential) in the current system, given its general and transversal character, but also specific. The analysis, accompanied by various doctrinal and jurisprudential references, also echoes limitations from applicability of the principle in certain contexts. At the same time as it regards, the criticisms of its obsolescence or lethargy, it contains a call for attention about it´s needed for invocation and operability in the Tribunals, both in the present and in the future. This message is required not only for the quality of vocation and permanence of the tuitive essence and its capacity of irradiation in the discipline of Labour Law and Social Security, but also in view of the constant, intense and extensive transformations and reconfigurations (registered and foreseen), in the reality of labour relations and against which these ones must be a priority for the worker protection.