This article discusses the power that labor judges have to make to the witnesses the questions they deem necessary for the elucidation of the facts, according to the provisions in article 454 No. 6 of the Chilean Labour Code. That power is analyzed under the perspective of the guarantees required bydue process, also considering the nature and epistemic quality of testimony as evidence, after which it is concluded that labor judge's interrogation of witnesses violates procedural equality and impartiality of the adjudicator, being this the reason why judges should only seek formal clarification of ambiguous or unintelligible witness declarations.
Keywords:
interogation of witnesses, due process
Author Biography
Cristóbal Balic Norambuena, Universidad de Chile
Licenciado en Ciencias Jurídicas y Sociales por la Universidad de Chile.
Balic Norambuena, C. (2016). Intervention by the labor judge in the examination of witnesses: officious probatory initiative and due process. Revista Chilena De Derecho Del Trabajo Y De La Seguridad Social, 6(11), pp. 107–132. https://doi.org/10.5354/0719-7551.2015.38215
