A aplicação da carga dinâmica do ônus da prova no processo trabalista

Abstract

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.