REVISIÓN DE ACUERDOS CONCILIATORIOS CON CARÁCTER DE COSA JUZGADA EN EL PROCESO LABORAL

• Autores: Vaella Huamán, Vania Yackelynne, Yamunaqué Rodríguez, Silene Nátaly
• Formato: tesis de grado
• Fecha de Publicación: 2018
• Institución: Universidad Nacional de Trujillo
• Repositorio: UNITRU-Tesis
• Lenguaje: español
• OAI Identifier: oai:dspace.unitru.edu.pe:20.500.14414/10945
• Enlace del recurso: https://hdl.handle.net/20.500.14414/10945
• Nivel de acceso: acceso abierto
• Materia: Conciliación; Acuerdo conciliatorio; Criterios del juez

With the establishment of the New Labor Procedural Law Nº 29497, it was sought to develop the leading role of the judge throughout the judicial process, mainly in the conciliation hearing, in which the judge discards his investiture and becomes a conciliator facilitating the communication between the parties, obtaining a conciliatory agreement that satisfies the pretensions of both parties, however if this conciliatory agreement contains clauses that do not generate certainty of the wording of the agreement and is used in a new process, this would cause a prejudice to the conciliatory parties, our conciliation study sought to determine the criteria to be used by the judge to review the conciliatory agreements with the effect of res judicata, in a process different from the nullity of agreement provided for by Law 29497, for which instruments such as surveys were used, interviews with jurists of the local civil society, reading of doctrine and review of c legal cases developed in the judicial district La Libertad. Finally, it will be determined that the norm should establish a difference to the conciliatory agreements made outside a judicial process and within it, in the latter case, differentiate the extrajudicial from the judicial ones, becoming a legislative proposal, as well as partially confirming our investigation hypothesis, determining in which cases the judge may depart from what is stated in a conciliation act and decide according to his / her criteria. KEY WORDS: Conciliation - Conciliation Agreement - Criteria of the judge.