La vulneración del debido proceso en el procedimiento de visto bueno contemplado en el Acuerdo Ministerial No MDT-2021-219.

Abstract

The general objective of the present investigation was formed by the analysis of the violation of due process, in the approval procedure contemplated in Ministerial Agreement No. MDT- 2021-219, for which the theoretical elements of due process and approval procedure, it was possible to demonstrate the violation of the right to defense and due process in the approval procedure established in Ministerial Agreement No. MDT-2021-219 and in order to achieve the solution of this problem, a modification was proposed of said agreement, in order to extend the period for the contestation of the approval procedure. In relation to the applied methodology, the mixed approach was chosen in order to be able to contemplate a greater depth in its development, the qualitative approach was used when carrying out the doctrinal, legal, jurisprudential analyzes and those emanating from the interviews. made in depth. In this same sense, the quantitative approach was used when carrying out the statistical analyzes of the surveys carried out. In order to solve the problem, the Ministry of Labor was proposed to modify article 10 of the Ministerial Agreement No. MDT-2021-219 in order to grant a longer term to the worker for the contestation of the approval procedure, and for this way to avoid the violation of its defense.