The judge: his unofficial power to order evidence within the labor process

Abstract

The present work aims to study the informal faculty to order the evidence that the labor judge has. To precisely analyze the situation raised, use is made of the different doctrines, as well as a deep interpretation of the procedural norm in force in Paraguay. It is verified which is the doctrinal current, taking into account the guaranteeism and judicial activism, which is adjusted to the Paraguayan legal system, in the labor process specifically, where it is understood that there is an inclination towards legal activism; and, also, it is examined that the judge can influence the process due to the informal powers that he has, specifically in evidentiary matters. As a conclusion, it is affirmed that the Paraguayan Labor Procedure Code must be updated to be in agreement and in accordance with the current Constitution of the Republic of Paraguay (1992), and thus guarantee due process in labor lawsuits. The methodological process followed in the research is the descriptive bibliographic review. During the preparation, the databases of the Supreme Court of Justice were consulted, selecting jurisprudence and doctrine, and the investigation was also completed with the reading and tracking of the bibliography referenced in these articles.