Resumen

SANCHEZ LATORRE, Pablo. The standar of reasonableness in the reasoning of the labor judge. Derecho glob. Estud. sobre derecho justicia [online]. 2016, vol.2, n.4, pp.125-147.  Epub 12-Nov-2020. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v0i4.6.

The need to construct a decisional model anchored in the standard of “reasonableness” is amply preached. What the magistrate demands in the argumentative work of the judicial resolution is that it be expressed in clear language, that can be assimilated by the parties in lawsuit and by the social groups in order to overcome the formalist and academic decisions. In addition, the principle of decisional reasonableness is consistent with the legal system and judicial precedents, in the vertical (upper courts) and horizontal (courts of first instance) sense. Undoubtedly, a reasonable decision implies an intellectual work of the judge, where he or she bases his/her arguments, thus contributing to strengthen legal security as far as the decisions encompass a high degree of predictability.

Palabras llave : Standard of Reasonableness; Predictability; Legal Certainty; Weighting; Argumentation; Decisional Control; Judicial Error; Interpretation; Judicial Creation of the Law.

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