A inversão do ônus da prova no processo do trabalho: direito do trabalho

Abstract

The present study aims to analyze the inversion of the burden of proof in the labor process. The study presents the general aspects of the evidence in labor justice, with emphasis on the concept, object of proof, means of proof, principles and evidence in species, as well as an analysis of the burden of proof in labor procedural law, given the changes brought by Law n. 13,467 of July 13, 2017 (Labor Reform), which gave a new wording to art. 818 of the CLT, updating the rule of distribution of the burden of proof, when it expressly provides for the regulation of the static and dynamic distribution of the burden of proof. The paper also addresses the burden of proof showing that in classical theory the precept that determines that the burden of proof rests on the parties that claim the existence of a fact from which it intends to induce a relationship of law. It makes important considerations about the burden of proof, especially on the general rule of distribution of the burden of proof and its inversion. It discusses the link between the investigating powers of the judge and the moment of application of the rules of distribution of the burden of proof. It concludes with the Labor Reform approach to the dynamic burden of the burden of proof, thus demonstrating the extreme importance of the burden of proof on the labor sphere and its inversion