A valoração da prova testemunhal no processo do trabalho

Abstract

This paper aims to examine issues related to testimonial evidence in the labour legal process, especially regarding to its production and valuation, seeking to demonstrate its relevance and prominence as the most frequently used means of evidence for the elucidation of the facts related to the employment relationship. It will be addressed, in the first part of the paper, propedeutic notions about the general theory of evidence, including the election of its modalities, with specific and in-depth approach of testimonial evidence in the labour process. In the second part, the specific theme of evidence valuation will be analysed, emphasizing the systems adopted along the history, so that, on these doctrinal and jurisprudential foundations, address specifically the proposed theme, indicating the relevance and role of the magistrate for producing good quality of such evidence, also presenting the witnesses behaviour, under the aspects of body and verbal language, and drawing upon the judicial psychology and professional experience achieved in courtrooms, demonstrate the difficulties in assessing the testimony, presenting, however, references to be used to identify those witnesses who hold higher-quality evidence for matching the most reliable clarification of the facts to be elucidated. The method used in this paper was the research on domestic and foreign doctrine, as well as the jurisprudence of the Regional Labour Courts and the Superior Labour Court