La vulneración del debido proceso en la notificación única y la contestación contenidas en los artículos 9 y 10 del Acuerdo Ministerial No MDT-2021-219 referente a la norma técnica que regula el procedimiento de visto bueno.

Abstract

The general objective of this research is to analyze the consequences of the single notification provided for in the technical standard that regulates the approval procedure, as well as to demonstrate the impact of due process with the single notification of the approval provided for in the article 9 of the technical standard, to then analyze the possible alternatives to prevent the technical standard from violating the right to defense of the accused party in the aforementioned procedure. As previous antecedents, the investigations of Caicedo and Monesterolo, who have carried out similar studies, stand out. For the advancement of the research within the methodology, the non-experimental design was chosen because the variables are not intentionally manipulated. Regarding the method, the deductive method was considered since it symbolizes part of the construction of the analysis that the researcher has on the argument that is investigated. With respect to the population, it is made up of 200 trial lawyers in labor matters in the city of Guayaquil. The results demonstrated the violation of due worker process, which was ratified within the discussion raised in the investigation. In conclusion, the modification of articles 9 and 10 of the technical standard that regulates the approval procedure is proposed, for the purpose of having more time and being able to respond to the request for approval by the defendant.