Ratio decidendi and deficient construction of precedents in Bolivian labor case law (2022–2023): a critical analysis of the reversal of the burden of proof

Abstract

This article analyzes the relationship between the ratio decidendi and precedents in the supreme rulings of
Bolivian labor jurisprudence (2022 and 2023). A qualitative methodology was employed to study 96 rulings related to the
burden of proof reversal. The analysis reveals that the precedents are limited to citing regulations without developing
legal rules derived from the ratio decidendi, compromising their effectiveness as coherent tools within the Bolivian legal
system.