Competencia judicial en las acciones por accidentes de trabajo
Author | Diego S. Kelly,José M. Llano,Javier E. Patrón,Enrique M. Stile,Rodrigo Solá Torino |
Published date | 07 April 2016 |
Date | 07 April 2016 |
Law Firm | Marval O'Farrell Mairal |
La Ley 26.773, en su art. 17.2, prevé que las acciones por accidentes de trabajo o enfermedades profesionales iniciadas por los trabajadores con fundamento en el derecho civil son competencia, en la Capital Federal de la Justicia Nacional en lo Civil. Sin embargo, la mayoría de las salas que componen la Cámara Nacional de Apelaciones del Trabajo se ha pronunciado a favor de la competencia del fuero laboral para el conocimiento de estas acciones judiciales.
Para tomar esta decisión, la Cámara del Fuero ha considerado que la competencia civil en los reclamos laborales basados en el derecho común violaría el principio protectorio del art. 14 bis de la Constitución Nacional y que la existencia de un proceso laboral especial es una expresión de la garantía de tutela judicial...
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