O ônus da prova no processo do trabalho conforme o CPC/2015

Abstract

The aim of this paper is to analyze the burden of proof as a basis in the legal proceedings that are being processed within the labor sphere, with the specific objective being highlighted at the time when the principle of searching for the real truth is considered through the evidence presented, which seeks the result that provides effective application of copyright. In addition, the discussion of the proposed thesis aims at the main objective of elucidating the burden of proof in the labor process in the light of the 2015 code of civil procedure. Another point to be addressed refers to the divergence between art. 818 of the CLT, which imputes the burden of proof to the party it alleges and art. 373 of the CPC 2015, which assigns responsibilityto the plaintiff to prove the constitutive facts and to the defendant the burden of proof of the plaintiff's impeding, modifying and extinct facts. Therefore, the method used here is the qualitative-explanatory based on the comparison between the codes (CPC 2015 and CLT), in addition to jurisprudential understandings, doctrinal source, TST normative instruction, articles and the current legislation. In short, based on what is observed in the code of civil procedure of 2015, and taking into account the need to fill the gaps in the work process, this research brings together several questions and hypotheses such as: "Is the proof really indispensable?", "Is there a mandatory obligation of one of the parties regarding the production of certain evidence?", "Does the CPC really bring greater effectiveness to the labor process?". In addition to fundamentals to answer the research problem: Is it possible to dispense with the application of the civil procedure code at the time of the investigation of labor lawsuits? With all these reflections throughout this scientific paper, conclusions will naturally be reached in a way to assist the jurisdictional provision in a more effective way.