Resumen

VALDES QUINTEROS, Diego. The Protective Principle in Labor Proceedings. Deficiencies and Drawbacks in the Recognition of its Hermeneutic Aspect in the Jurisprudence of the Supreme Court of Chile. Bol. Mex. Der. Comp. [online]. 2026, vol.59, n.175, e20545.  Epub 12-Mayo-2026. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2026.175.20545.

This paper critically examines how the Chilean Supreme Court has constructed and applied the so-called protective principle in labor proceedings, particularly through its interpretive manifestation, the in dubio pro operario rule. Adopting a functional conception of legal principles, it argues that the protective criterion neither plays a significant hermeneutical role nor possesses a normative basis that would justify its procedural recognition. The study analyzes judgments issued between 2024 and 2025 that expressly refer to the principle or interpretive rule and shows that the Court’s invocation of it is often rhetorical or incidental, lacking any reasoning to justify its procedural applicability or its compatibility with the principles of equality and impartiality. It concludes that the use of this principle is both unnecessary and unidirectional, posing risks of regulatory imbalance and undermining due process. In contrast, it suggests that procedural principles such as effective judicial protection allow for safeguarding rights without compromising the balance of the proceedings.

Palabras llave : labor procedural principles; pro-worker criteria; hermeneutic function of principles; judicial impartiality; regulatory balance.

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