Aplicación de los principios laborales al momento de dictar una sentencia de mérito en casación en el Ecuador (desde junio de 2018 hasta marzo 2022)

Abstract

The cassation is an appeal of an extraordinary nature that is filed against definitive rulings within the judgments of knowledge; traditionally, it is conceived as a means of challenge that has the purpose of reviewing, exclusively, the resolution that is the subject of the appeal. However, Ecuadorian legislation allows The National Court’s judges, not only the reviewing of the contested order or judgment, but also to examine other procedural pieces, including evidence, in specific cases determined by law and when it comes to dictating a sentence of merit. The present investigation seeks to explain what is a judgment of merit, when the judges of the Ecuadorian National Court of Justice, specifically, the Labor Chamber, can resolve the appeals based on the records and the evidence presented in the process and exemplify, how the labor principles have allowed to solve different controversies in the submitted cases to the extraordinary appeal of cassation.