Dear friends, as every week it is a pleasure to greet you, wishing you an excellent Thursday, the topic that will be discussed today will be, the actions of the parties within the processes (labor trials), to what the authorities determine “procedural conduct”, but what is understood of such determination, as any process or trial the contending parties and who are those who actively interact with each other, When they are already in the trial they take attitudes for the development of this being, the case of the article the diligences, actions or development that they have and that in it are activated, given the case that the justice imparters, must observe and watch the proceeding of both in the trials, this is to the effect that when concluding in the dictation of the sentence they make see if such proceeding was about an act, For example, in labor proceedings, such attitude in the great majority of cases is always more attentive and the Judges pay special attention to the actions of the capital, employer, defendant, source of work and/or responsible for the work relationship, since it is the capital that must prove that no benefit or salary is owed to the worker, or that the dismissal mentioned by the worker did not exist, for such effect within the dispute the evidence provided is taken into consideration, the scope for which it was offered, and the specific fact it is offered, but you will say, how is this interpreted, how is it visualized or how to know when such attitude is present?, I answer you for such definition is and must see that any of the parties assert or mention fact or facts that are related to any evidence offered or defense and in the development of the process seeks to hinder the exhibition of the evidence, attacked or seeks within the trial to make an inducement on some fact that does not exist or seeks to release from liability; In such development exposed or act falls the figure of procedural attitude adopted and that every judge must take special care at the time of issuing the respective sentence or award for such attitude to have an outcome against or in favor, as the Supreme Court of Justice of the Nation has defined such figure as in which not only the procedural conduct of the parties is considered but also the procedural conduct of the same authority that imparts the judgment, of the same authority imparting justice and this also influences the development of the trial which of course transcends to the issuance of the respective award or sentence, for informative purposes, we mention the tracking data of the criterion that via Jurisprudence issued by the Maximum Organ speaks about such determination, being the tracking data transcribed below:..
Digital register: 202546
Instance: Collegiate Circuit Courts
Ninth Epoch
Subject(s): Laboral
Thesis: I.9o.T. J/15
Source: Judicial Weekly of the Federation and its Gazette.
Volume III, May 1996, page 493.
Type: Jurisprudence
Therefore, my dear friends, it is important to let you know that such conduct is feasible to support a statement or fact and of course to detract from the value of an answer or evidence offered and this is of course expressed in the award or sentence as the case may be, it is not only the procedural exercise of requesting a right or opposing a defense and exception, but we must also consider that already in the development of such trial process the judges, enforce the surveillance and review of the procedural conduct of the contending parties.
So much for this week's comments, we'll see you next week...
