Proposals for the constitutionalization of the labor process

Abstract

The purpose of this article is to analyze the most relevant aspects regarding constitutionalization as a legal phenomenon that impacts all areas of law, with a particular emphasis on labor procedural law. Therefore, a brief contextual framework is first presented, and then constitutionalization in Peru is addressed from Guastini’s postulates; subsequently, the foundation and nature of the labor process is examined, and finally, Constitutionalization is developed as a generating foundation for an ideal, simple and effective labor process. In this way, it is evident and fully understood how this process transforms the way in which labor procedural law is interpreted and applied, incorporating constitutional principles and values that promote a Constitutional State, limit arbitrary power, guarantee effective access to justice and protect the dignity and fundamental rights of workers.