A aplicabilidade da distribuição dinâmica do ônus da prova no processo do trabalho

Abstract

The purpose of this work is demonstrating the burden of proof dynamics theory applied in law and in labor litigation lawsuits. At first, it is mandatory to approach the beginning of Labor`s Process in Brazil, clarifying them historical evolution and applicable principles in proof`s right. After, it`s necessary pass analysis of general features in Brazilian`s proof law, approaching concepts, principles and means of proof accepted by law. Continued act, this work pass to analysis the burden of proof in labors process, approaching all practice and theory with this matter, as shifting the burden of proof, time to proof production based on previous and new Civil Litigation Code and, also, Art. 818 of Workers Laws Consolidation modified by Law n. 13.467/2017. Following, will be approached that it is mandatory to plaintiff the burden to prove constitutive rights acts and to the accused the burden to prove facts referred as preventing, amending and repealing rights of plaintiff. For this, Consumer Defence Code`s and Jurisprudence, developed the burden of proof dynamics theory with purpose to keep up the previously applied law system and, beyond, materialize the referred theory, provided that properly justified by judges at moment of impose decision based on real truth and facts truth, assigning the burden of proof to party who has better capacity to produce proofs, independent of processual position or nature of evidences. By be a proof of fundamental right which has relation with the access to righteous legal order, this work also approach the burden of proof procedure in lawsuits, analyzing general aspects referred to Burden of Proof Dynamics Distribution Theory, approaching concepts and differences between static distribution, judicial reverse and, dynamic distribution. Beyond that, this work has the purpose to clarifying the origin and introduction of Proof Dynamic Distribution Theory in Brazilian`s workers legal order and, the reception of this theory by the new civil litigation code` and workers law consolidation. In this way, this work will demonstrate that, instead of this theory maintains it only in jurisprudence, there is now the legal provision in the new civil litigation code` and workers law consolidation. This renovation aims to give to process more effectiveness and instrumentality, as well as celerity and justice for each case