A aplicação da teoria das cargas probatórias dinâmicas nas ações que versam sobre assédio moral no trabalho.

Abstract

The theme to be developed in this monograph aims to address the possibility of applying the theory of dynamic evidentiary burdens in the labor process, specifically, actions that denounce bullying, assessing their definition, object and purpose for their applicability. The relevance is justified by the pursuit of solving problems when applying the burden of proof at the time of analysis and judgment referenced actions, since bullying is difficult to prove because of the way it happens, that is, camouflaged, without people around, making it difficult to prove for the worker. On this track of thought, we tried to demonstrate that the application of evidentiary rules established in the Civil Procedure Code in its art. 333 hosted the static theory of the distribution of the burden of proof, distributing prior statically the evidential burden. But the art. 818 of the Consolidation of Labor Laws is also endowed with limited in their effectiveness, creating some difficulty with regard to prove to the party, making it insufficient for fair demarcation of the case. Thus, the study suggests that in assessing the processes relating to bullying at work is applied by the judge the theory of evidential dynamic loads considering the case, to assign the evidential burden the party who is best placed to do so in the case, the employer, leaving even clear that such filing, without trace of doubt, contribute to that really justice is achieved. In this study will be used as the bibliographic research technique also being used the historical method. The method of approach is deductive, starting from general formulations so you can focus on the central issue to be addressed.