Abstract

VENTURA-BANCES, Carlos Enrique; RECALDE-GRACEY, Andrés Enrique; ROJAS-LUJAN, Víctor William  and  YACHE-CUENCA, Eduardo Javier. Discriminatory application of the Huatuco precedent against unfair dismissals, Peru. Iustitia Socialis [online]. 2023, vol.8, suppl.2, pp.184-196.  Epub May 16, 2024. ISSN 2542-3371.  https://doi.org/10.35381/racji.v8i2.2907.

The general objective of the research was to legally analyze the times violated: Discriminatory application of the Huatuco precedent against unfair dismissals, Peru. The method developed in the research was based on the quantitative perspective, of the documentary-bibliographic type. This in view of the fact that from the documentary review and the study of the social reality observed, reflective conclusions have been inferred by the researcher, of the problem raised. In this sense, the current regulations, theses and refereed works, among others, related to the subject under study were analyzed. It is concluded that the application of the Huatuco precedent in Peruvian legislation is considered a very high barrier on the issue of discrimination between dismissals because it generates a classification to assert a right that prevails in the constitution and must resort to organizations such as the Inter-American Court of Human Rights in order to improve the situation.

Keywords : Discrimination; law; labor law.

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