THE PRINCIPLE OF IURA NOVIT CURIA IN LABOR MATTERS

Abstract:

The principle of Iura Novit Curia is one of the fundamental principles within procedural law that are currently applied, since its meaning is relevant when saying: “the judge knows the law”. This principle is based on the application made by the administrator of justice of the rules that have not necessarily been invoked by the procedural parties in terms of the events exposed, but that the judge needs to apply a normative content that allows him to motivate and support his decision. The general objective of this article is to perform a critical-legal analysis of the principle of Iura Novit Curia in labor matters, which is regulated within the Ecuadorian legal system and has international relevance. In order to know the investigative result, the qualitative methodology has been used with methods such as the historical-logical, determining the real trajectory of the principle of iura novit curia and which are the existing general laws in Ecuador for the development and application of this principle. All this in order to verify the scope of Iura Novit Curia in labor matters and how it is currently being applied to protect the rights of individuals and to safeguard effective judicial protection and legal certainty as a duty of the State.

Año de publicación:

2023

Keywords:

• Justice
• Principle
• Guarantee
• Iura Novit Curia
• Labor Law

Fuente:

scopus