THE REPERCUSSION OF THE MARITIME COURT JUDGMENTS IN THE REGIONAL LABOR COURTS OF THE 1st, 2nd, 3rd AND 17th REGIONS

Abstract

After a long period of controversy and doubts about the role of the Maritime Court within our legal system, the doctrine has finally settled it as a proof of relative presumption. However, the day-to-day praxis of the workman reveals a scenario where such certainty is confronted with the theory of professional risk, generating in turn a possible loss of importance of the judgments of that Court as evidence in the final decision of labor proceedings. Hence the present study uses as a tool the qualitative and quantitative analysis of the jurisprudence of the Regional Labor Courts of the 1st, 2nd, 3rd and 17th Regions published since 2010 to analyze the practical relationship between the Maritime Court and Labor Justice. As a result, it is exposed that this is a friendly relationship, in which both Courts respect the competence of others. However, in the end, it also emerges that these TRTs, even though they recognize the presumption of relative certainty of MC decisions, they do not relay on them because of their own technicalities.