La desjudicialización del conflicto laboral individual: ¿Es posible una propuesta constitucionalmente garantista?

The saturated state of our judicial system requires actions to speed up the proceedings and improve the efficiency of the Administration of Justice. One of the measures that has been considered particularly appropriate to achieve these objectives is the implementation of mediation or conciliation procedures, with the aim of reducing the number of disputes and to avoid delaying other legal proceedings. However, to try to put an end to the overburdening of the Administration of Justice, reducing the number of citizens who resort to it through an extrajudicial procedure configured as a procedural requirement, forces us to question the indemnity of the right to effective judicial protection. The purpose of this study is exactly to determine the technical possibilities for forcing citizens to use alternative procedures to the judicial process, without harming the right to judicial protection, that is, the realization of a guaranteeing proposal for the de-judicialization of the individual labor conflict.