EVOLUÇÃO HISTÓRICA E JURISPRUDENCIAL DA INVERSÃO DO ÔNUS DA PROVA NO DIREITO PROCESSUAL DO TRABALHO

Abstract

This work analyzes the historical and jurisprudential evolution of the reversal of the burden of proof in Labor Procedural Law, highlighting its importance in the search for balance between the parties in a labor dispute. Initially, the concept of burden of proof is addressed, distinguishing objective and subjective aspects, and identifying cases in which proof is not required. The study moves towards reversing the burden of proof, discussing its moment of application and the impossibility of a convention in the labor sphere, reinforcing the protective nature of Labor Law. In the procedural context, the distinction between the labor process and the common process stands out, as well as the principles that guide the inversion in the former. The work examines the current legislation and the historical evolution of the matter, culminating in the analysis of the decisions of the Superior Labor Court and other jurisprudential instruments that have shaped the application of the institute. The tendency to recognize the difficulty of proving evidence in cases of moral harassment is identified, highlighting the role of the TST Precedent in consolidating the practice. The study concludes that reversing the burden of proof in the labor process represents a fundamental tool to guarantee worker rights, confirming its support in legislation and jurisprudence as a way of overcoming inequality between employee and employer.