GADELHA, A. E. M. O.; http://lattes.cnpq.br/9219223823335558; GADELHA, Ana Emília Moreira de Oliveira.
Résumé:
Sees that the testing rule in the labor process should not be provided with limited
efficiency, especially under the tutelage substantive law, so that a dynamic
distribution of evidential burden is necessary, according to the particularities of the
case. In this order of idea, the present work have wift purpose study the distribution
of the evidentiary burden on labor procedural law dynamically, so that each part can
withstand such a burden as their conditions. Therefore, we investigated the general
aspects concerning the burden of proof, the actual concept of the institute, examining
its object and purposes. Still, if asked about the objective and subjective aspects of
the evidence, the role of distribution rules the burden of evidence and some theories
that deal with the theme. After, we dealt with the current legal treatment given to the
matter, under Article 333 of the focus of the Civil Procedure Code and Article 818 of
the Consolidation of Labor Laws, giving the possible ways of reversing the burden of
proof. Then, we tried to analyze the main foundations and principles that underlie the
application of dynamic load of the burden of proof, especially the fundamental right to
the test, in addition to the principles of equality, procedural protection, loyalty, good
faith, cooperation, fitness for proof, finally, the instructive powers of the judge. Finally,
given the need for flexibility of the traditional rules of evidentiary distribution,
researched the criteria established for implementation of dynamic theory in the labor
process, illustrating the dynamics through understanding docket by the Superior
Labor Court, contemplating finally, the legislative insertion the dynamic theory of
proof in the new Civil Procedure Code.
