Excepciones al debido proceso en materia probatoria dentro de acciones interpuestas por grupos vulnerables en materia laboral.

Abstract

This investigation was performed with a qualitative approach, also applying the analytical - synthetic, deductive, exegetical, descriptive, and comparative law methods; to seek the possible incorporation within the labor actions of reasonable definitions that benefit the admissibility and assessment of evidence for vulnerable groups: older adults, children and adolescents, pregnant women, people with disabilities, prisoners, and those with catastrophic or highly complex illnesses. This to break down the asymmetries of power and, therefore, seek the due process, since there is inequality that arises in Proof requirements even when due process is established in the parameters of the law. After considering the basics of the principle of reasonable accommodation to reduce the asymmetries of power of vulnerable groups within the process and reviewing what is proposed in the legislation of other countries such as Argentina, Colombia and Spain, a reform is proposed that adjusts general approaches regarding the burden of proof, admissibility of evidence and judicial presumptions within the assessment, thus promoting equal conditions for both parties, guaranteeing parity of weapons in favor of vulnerable groups within labor process at the time of admitting and assessing the proof, without it being considered that the judge is violating the principle of impartiality.