The Review of Procedural Labor Law

Presentation

Jessie Liliana Trevejo Núñez — 2025-06-30

The need for standardization of the social vulnerability verification criterion in brazilian social assistance: a challenge for citizenship materialization

Rodrigo Monteiro Pessoa — 2025-06-30

Brazilian social assistance is part of the social security structure, forming the tripod: assistance, health and welfare, comprising an integrated set of actions of the Public Power to provide social protection to citizens. Faced with the challenges of post-modern society to ensure people the indispensable resources for the maintenance of a decent standard of living (subsistence - vital minimum), social assistance suffers from the problem of observing a criterion of verification of social vulnerability different from several other public policies aimed at the poorest quintiles in the country. The research problem is limited to determining whether this configuration, without the existence of a targeting index or a single equivalent economic indicator, the main benefit of the welfare system in Brazil is destined to the analysis of vulnerability by a subjective criterion, distancing the most vulnerable sector of the population from the main benefit that could rescue dignity and comply with the constitutional objectives of the Brazilian Charter of 1988, namely, to build a free, fair and solidary society; guaranteeing national development; eradicating poverty and marginalization and reducing social and regional inequalities; and promoting the good of all, without prejudice of origin, race, sex, color, age or any other form of discrimination. The hypothesis is that the absence of an objective and uniform criterion for determining social vulnerability as a way of guaranteeing social protection of the poorest through social assistance of modern citizenship generates its distancing from these subjective public rights in jurisdictional practice. The main results point out that the jurisdictional practice adopts subjective criteria not configured in law and that the absence of a single criterion for the verification of the social vulnerability of citizens can generate distortions in the materialization of public assistance policies.

The Algorithmic bias generated by artificial intelligence as an act of discrimination in employment relations

Karla Paola Castillo-Castro — 2025-06-30

This study analyzes the new challenges posed for law and in the field of labor law with the use of artificial intelligence. The research problem is oriented towards examining the impact of this intelligent system on the employer's decision-making during the employment relationship through the use of algorithms as biases or filters employed in workforce management. The main objective is to determine whether the application of algorithmic biases generated by artificial intelligence constitutes acts of discrimination that violate the Principle of Equality and Non-Discrimination in employment relations. The methodology employed was a qualitative approach with a hermeneutic research design, without using instruments as it is a theoretical investigation. Information was obtained from the internet, selecting relevant documents for the research consisting of scientific articles, e-books, websites, and electronic theses at the master's level, all in Spanish and published from 2020 onwards. The results confirmed the hypothesis that the use of algorithmic biases constitutes discriminatory acts in labor relations by negatively influencing business decision-making. It is concluded that it is necessary for there to be normative protection in our country and in the international normative system to avoid vulnerability in the protection of workers' fundamental rights.

Humans versus machines: the right to work versus freedom to conduct a Business

Ángel Jeancarlo Coaquira Flores — 2025-06-30

The influence of technology has profoundly transformed multiples aspects of human life, and while the number of areas altered is limitless, one of the most notable is work. Machines, whether intelligent or not, have long raised various questions and revolutionized the labor sector, being used in almost every activity in the value chain of any economic unit. Therefore, while at one time the possibility of machines displacing humans could only be appreciated in fictional scenarios, certain sectors now embrace it as a reality.

As a result, companies, considering the multiple advantages that come with the use of machines —such as significant cost reductions of various kinds and increased productivity— have driven a transition in which human workers are replaced by smart devices. Thus, a collision between the right to work and entrepreneurial freedom has become evident.

Therefore, we consider it essential to analyze the impact of robotics and artificial intelligence on the international labor market, as well as the policies developed by other countries to reduce the negative externalities resulting from this disruptive change. It is also necessary to examine the conflict between the right to enterprise freedom and the right to work, with the goal of outlining a public policy proposal for the Peruvian context.

The urgent contentious-administrative process in the jurisprudence of five Superior Courts of Justice

Luis Alberto Huamán Ordóñez — 2025-06-30

The author of this essay stops at the study of some of the judicial decisions of various Superior Courts of Justice regarding the urgent contentious-administrative process, which leads to analyzing the origins of said institution that sees the light under a self-control approach administrative in its initial facet of retained justice, as well as its transition to a so-called delegated justice that is delivered to the Council of State. It assumes that this last administrative body, of a collegial nature, has functions of guiding content that then transition to those of a true decision-making body regarding administrative disagreements that occur in relation to public powers. Subsequently, in order to transform the contentious-administrative model that goes through its judicialization in the German scenario, it is understood that a projection that transcends full cognition towards another of summary of the process operates on this procedural protection mechanism. In this last context, differentiated protection makes its appearance, from which urgent protection emanates, which, in the case of contentious-administrative matters, focuses on claims for special attention, either for the administrative actions involved, or for the benefits to be satisfied or for the subjects of special protection who need to be protected; in this order of ideas, it focuses on its procedural reception and on the responses that the different Courts of Justice have been issuing in this regard, warning that the judicial response to the use of said procedural technique is not always uniform as it is a judicial means of protection novel.

The Anticipated Execution of Judicial Resolutions in Labor Proceedings: Analysis of Its Feasibility in Light of the Principle of Legality and the Absence of Res Judicata in the Peruvian Legal System

Richard Ochoa Paredes — 2025-06-30

This article analyzes the problem of early enforcement of judgments in labor proceedings in Peru, considering the tensions between Article 38 of the New Labor Procedural Law (NLPT) and the limitations inherent to the principle of legality and the budgetary restrictions of public entities. This procedural mechanism, intended to guarantee effective judicial protection of labor rights, faces significant challenges due to the absence of a comprehensive regulatory framework that contemplates the financial viability of its implementation.

Through a qualitative and descriptive approach, the study examines the regulatory framework, the jurisprudence of the Constitutional Court, and relevant doctrinal positions. Regulatory conflicts are identified, such as the lack of articulation between procedural and budgetary norms, and the implications of the principle of legality in public administration are evaluated, highlighting the risks to state resources and legal stability.

The analysis also covers emblematic cases and highlights the need for structural reforms to balance workers' rights with administrative sustainability. The proposals include: the creation of a special fund for labor judgments, the training of judges and officials, and the implementation of inter-institutional coordination mechanisms that strengthen the planning and execution of judicial decisions.

The conclusions underline the importance of rethinking early execution under a comprehensive approach that guarantees the effectiveness of labor rights, respecting the principles of legality and proportionality. This work seeks to contribute to the academic and regulatory debate, proposing solutions that promote a more fair, efficient, and sustainable system for all parties involved.

Pay equalization: the judicial journey in the face of complex labor scenarios

María Isabel Martínez Rivera — 2025-06-30

The purpose of this research is to examine the challenging scenarios faced by the administration of justice in cases of discriminatory wage treatment, which seek wage equalization and reimbursement of remuneration. Wage homologation, being a legal-procedural mechanism, enables the affected worker to resort to the courts in order to obtain a fair remuneration for work of equal value, proposing another worker as a term of comparison. With the purpose of scrutinizing the aforementioned subject, conceptual aspects are developed based on criteria outlined by the Supreme Court of Justice of Peru and the Constitutional Court, references that allow understanding the details of the right to equality and non-discrimination, its incidence in labor relations and those parameters that will allow noticing a discriminatory treatment, or on the contrary, a differentiated treatment derived from an objective cause. The author presents different scenarios, which are not limited to the simple contrast between the plaintiff and his counterpart but introduces and condenses variables —extracted from the judicial work— which have an impact and nuance the analysis of the conflict. Finally, the author concludes that the legal operators at the service of the administration of justice face complex situations regarding the homologation of remunerations, without a uniform position to guide their decisions, being essential that the Constitutional and Social Law Chambers address topics such as those exposed and clarify divergent criteria in the interpretation of the norm in similar cases.

The civil liability without blame in the occupational accidents

Liz Mendoza Meza — 2025-06-30

In the development of work activities may present various causes or risk factors that generate accidents at work. These causes may stem from a variety of direct or indirect risks. These latter risks may occur, for example, when the worker in the performance of his duties is in any area of the employer’s workplace, even if this area is not classified as a risk center or the worker is not performing tasks related to the contracted risk. This factual situation actually regulated in letter b) of article 2.2 of the Normas Técnicas del Seguro Complementario de Riesgo (hereinafter NTSC). In the hypothetical case presented, it is raised whether it is necessary to base the assumption of the employer’s civil liability under the criterion of «hazardous activity» on those occupational accidents that result from indirect risks. That is, when it does not result from a work obligation risky by its nature, and that such activity does not involve and does not result from it, or is not classified as high-risk work.

For this purpose, it is proposed to examine article 53 of the Occupational Safety and Health Act; the Supreme Court’s case law in cases of civil liability for occupational accidents, and the VI Supreme Judicial Assembly in the field of Labour and Social Security of the year 2017.

The author of this study argues that strict liability in occupational accidents constitutes a mechanism of distributive justice as it is based on the inherently risky activity of those which are unavoidable and abnormally dangerous; and not in the fact that they lack such character.

Labor Procedural Law and its sources

Javier Arévalo Vela — 2025-06-30

This paper systematically examines the sources of Labor Procedural Law in Peru, with emphasis on their doctrinal classification, legislative development, and jurisprudential evolution. Based on the framework established by the New Labor Procedural Law (NLPT), the main sources identified are national legislation (Constitution, procedural and substantive labor laws, and the Civil Procedural Code as supplementary law), jurisprudence (binding precedents, judicial doctrine, plenary agreements, and Constitutional Court rulings), and international sources (treaties, ILO conventions, and judgments of the Inter-American Court of Human Rights).

It is asserted that, due to the public nature of Labor Procedural Law, its sources must originate exclusively from state bodies or international decisions formally incorporated into the legal system. Thus, private practices or agreements between parties cannot be considered valid sources. This is a formal and descriptive legal study, based on a review of legislation, case law, and specialized literature. Its purpose is to provide conceptual and practical clarity on the legal foundations of labor procedure, aiming to contribute to the ongoing legislative debate on the future Labor Procedural Code, which is still pending congressional discussion.

Furthermore, it clearly distinguishes between the sources of Labor Procedural Law and those of substantive Labor Law, in order to avoid common doctrinal and practical confusions. This contribution seeks to enhance understanding of the labor procedural system and to promote a more predictable, coherent, and rights-based justice system.