Abstract

CASTRO MENDEZ, Mauricio. Collective rights of public employment. Narrative construction in the constitutional justice. Diálogos rev. electr. hist [online]. 2016, vol.17, suppl.1, pp.43-84. ISSN 1409-469X.  http://dx.doi.org/10.15517/dre.v0i0.23417.

This article offers a critical reading of the case law of the Constitutional Chamber on the collective rights of public employment in Costa Rica from an argumentative analysis and from a critical perspective of the law. More specifically the study focuses on the historical account based on which the Constitutional Chamber justifies its jurisprudence and challenges it in light of available academic studies. The analysis shows that the story posed by the Constitutional Chamber is grounded on ideological options and legal fictions, from which “facts” freighted with theory and dogmatic -rather than factual- arguments are built. Given that this construction is not exempt from tensions within the Constitutional Chamber, this article also surveys the alternative approach to the hegemonic story. The findings reinforce the need for an interdisciplinary approach of this line of research.

Keywords : Historical argumentation of the Constitutional Court; collective labor rights; legal discourse; ideological options; historiographyc construction from the courts.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )