The Protection of the Right to Strike in the Peruvian Legal System. The Case of Technological Strikebreaking

Escobar J.H.E. · Boletin Mexicano de Derecho Comparado (2023) · DOI: 10.22201/iij.24484873e.2022.165.18604

Resumen

The objective of this article is to examine the protection granted to the right to strike in the Peruvian legal system, especially in relation to technological strikebreaking. The hypothetical-deductive method was used for the development of the research, as a set of arguments that support the protection that must be provided to the right to strike against technological strikebreaking was constructed based on the bibliographical research carried out on the constitutional content of the right to strike, as well as the analysis of Peruvian legislation and the highest-level jurisprudential and administrative precedents on strikes, external strikebreaking, and internal strikebreaking. The obtained results make it possible to extend to technological strikebreaking the doctrinal, legal, and jurisprudential reasons that protect the right to strike against external and internal strikebreaking. It is concluded that, based on the constitutional content of the right to strike, the principle of reasonableness, and the requirement of the constitutional exercise of the power of direction, it is possible to protect the right to strike against technological strikebreaking, despite the absence of express regulation that determines it.

Instituciones: Universidad San Ignacio de Loyola