Poderes do juiz, autorregramento da vontade das partes e convenções processuais sobre o ônus da prova no processo do trabalho: limites e possibilidades

Abstract

The CPC of 2015 adopted a cooperative model of process, which has a strong constitutional axiological charge and implied giving the judge new roles and the parties the right of reimbursement. The procedural conventions gained greater legal support, becoming important contrivances of participation of the procedural subjects in the realization of their rights and procedural interests. In the labor process, there is a strong rejection of this path of dynamization of the procedure, on the grounds that it is this area of law oriented by the protective principle of the worker. The procedural consensuality is taken, at this point, as detrimental to the demarcation of labor demands. The objective of this work is to identify the arguments that underlie this inapplicability and then demystify them. The research was developed through theoretical argumentation and literary revision of national and foreign works. Based on a critical analysis of the doctrine, the result obtained was the conclusion of the possibility of a conventional distribution of the burden of proof in the labor process, and the magistrate is responsible, within the limits and scope of his powers, for the casuistic verification of his with the principles and rules inherent in Labor Law.