This paper criticizes the judicial probatory initiative introduced in the labor jurisdiction
on the occasion of the process reform of Law N° 20.087. The author begins by describing how the exclusion of contributing the proof in the dispositive principle obeyed not to a technical but to a political rationality. He claims that even the reduced conception of such principle defended by the publicism ban the judge from any probatory intiative. He questions that the judicial probatory initiative can be justified in a self-interest of the State and especially doubts whether the process fullfills an epistemic function. Argues for the thesis under which the proof suministred by the judge himself automatically destroys the impartiality of the judge. He concludes by sustaining the idea of the illegitimacy of a model of civil process that attempts to overcome public purposes to the interests of the parties.
Palavecino Cáceres, C. (2016). Crítica a la iniciativa probatoria judicial, a propósito del Procedimiento Laboral Chileno. Revista Chilena De Derecho Del Trabajo Y De La Seguridad Social, 2(3), pp. 15–36. https://doi.org/10.5354/0719-7551.2011.42924
