Licitud de la prueba de correos electrónicos corporativos de los trabajadores presentada por los empleadores.

Abstract

Background procedural law was analyzed as an institution and evidence as a fundamental part of it, going through the principles that govern the probatory matter, to direct the study of the principle of the legality of proof, being a determining aspect in the collection and use of evidence. The objective is to analyze the lawfulness of the evidence of the employee's institutional e-mails, provided by the employer in administrative and judicial proceedings, and to propose the appropriate ways to consider it as lawful evidence. For this purpose, the study of comparative law was verified with respect to Spanish and Peruvian case law relating to the subject matter of this research work. The methodologies are based on the qualitative approach acquiring the knowledge of the juridical through the theoretical and empirical method. The results will analyze the characteristics and requirements, on a labor context, for the worker's e-mails provided by the employer to be lawful. The discussion will be developed based on normative and bibliographic sources, including comparative law, which will enable to analyze and discuss the lawfulness of the evidence regarding the employee's e-mails used by the employer in administrative and judicial proceedings.