Da admissibilidade da prova ilícita no processo do trabalho

• Autor(a) principal: Silva, Janaina Prado Silva
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/27296
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Constituição federal; Prova ilícita; Colisão entre direitos fundamentais; Princípio da proporcionalidade; Admissibilidade; Federal constitution; Unlawful evidence; Collision between fundamental rights; Principle of proportionality; Admissibility

The Brazilian Federal Constitution guarantees to all citizens the right to action, which gives rise to the right to proof, which is limited by the ordinary legislation and by the constitutional text itself, which provides, in article 5, item LVI, prohibition of use in the Of evidence obtained by unlawful means. Thus, considering that there are no absolute procedural norms in the Law, the present study was aimed at analyzing the position of Brazilian labor judges and labor tribunals in relation to unlawful evidence, especially when these constitute the only evidence of which The litigants dispose. For that, a specific study was carried out on the tests, going through their general aspects, such as concept, origin, species and principles, and also by some more specific aspects, such as the institute of the inversion of the burden of proof. As it is of great relevance to the study of the subject, it was approached the performance of the judge before the evidence, focusing on its criteria of appreciation. Subsequently, we went into the subject of evidence obtained by illicit means, approaching the existing doctrinal currents about its admissibility or not, focusing on the intermediate theory, which admits, in exceptional cases, when there is a collision between two fundamental rights of equal relevance, with fulcrum On the principle of proportionality, the admissibility of using unlawful evidence, so that the judicial decision to be delivered is as close as possible to justice in this case. Finally, for the best scope of the subject, an analysis of some judicial decisions of labor courts on the subject was carried out