A distribuição do ônus da prova no processo do trabalho com o advento do novo código de processo civil

Abstract

Proof is the proper means by which to demonstrate the existence of a fact at the same time that it seeks to form the conviction of the judge about the veracity of that fact. The burden of proof means the duty of the parties to prove their alleged claims in court. The Labour Procedure very diverges if the burden of proof is only one predicted the art. 818 of the Labor Code or whether it should apply the alternative art. 333 of the CPC on a subsidiary basis. Also discussed the possibility of application of reverse burden of proof pursuant CDC to the Labour Procedure because of the rigidity of the evidentiary burden set out in arts. 818 of the Labor Code and 333 of the CPC. The new CPC will bring significant changes in the area and will reflect in the labour area, as there will be legal and expressed the application of dynamic burden of proof distribution theory forecast, easing this rigidity, and provided also that the Civil Procedure Code shall be applied to the Labour Procedure of supplementary and subsidiary basis. The methodology used was the bibliographical research, through scientific journals, legislation and doctrine, which was carried through readings and discussions involving the arrival of Law nº 13.105.