Abstract

ALMANZA JUNCO, JAVIER EDUARDO. Constitutionalizing Labor Rights through Jurisprudential Development in the Case of Reinforced Labor and Occupational Stability. Estud. Socio-Juríd [online]. 2021, vol.23, n.1, pp.17-33.  Epub May 29, 2022. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.10026.

This article studies the phenomenon of the constitutionalizing of labor rights in the specific case of the development and configuration of the so-called figure of reinforced labor stability, today extended to reinforced occupational stability. For the above, the relationship that this institution of labor law has had, derived from the constitutional principle of job stability, with the configuration and development of the different labor laws of normative and jurisprudential origin, is justified. Consequently, it is established that, based on the jurisprudential development of each of the jurisdictions, these reinforced labor and occupational stabilities have been endowed with legal effectiveness. All of the above occurs in the midst of the historical transfer of a Constitutional Court that, since its creation, has become increasingly entrenched in the so-called practice of progressive development in the area of fundamental rights, whose analytical and practical content generates a consistent legitimacy in the institutional result, under the protection of the praxis of the new constitutionalism within the framework of constitutional states of law.

Keywords : Constitutionalizing of rights; job stability; reinforced job stability; reinforced occupational stability; judicial labor guarantee.

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