Validity of the dispositive principle, responsibility of accordance and limitations in judicial determination of relief in labor guardianship proceedings

Abstract

The aim of this paper is to prove that the labor process and in particular the labor guardianship proceeding are not excluded from the validity of the dispositive principle. In order to do this, a description of this principle will be addressed, providing insight of its procedural manifestations and how it determines the contents of the process. Through the analysis of the concept of object of the process as well as the elements within, it will be demonstrated that in the aforementioned procedure such an object is determined by the parties, thus limiting the intervention of the judge so that the outcome of the proceeding and the determination of possible relief is in accordance with this object, disabling the court house to lay down measures of relief in the labor guardianship proceeding, not asked for nor different from, the ones requested by the plaintiff.