6 - Provas no processo do trabalho

Evidence is extremely important in the process. For this reason, it is also frequently required in the Bar Exam. In labor proceedings, it is important to understand how the burden of proof is dynamically distributed, as well as how the burden of proof is reversed. The Consolidation of Labor Laws (CLT) addresses evidence in Article 818: Article 818. The burden of proof lies with: I - the claimant, regarding the fact constituting their right; II - the defendant, regarding the existence of a fact that prevents, modifies, or extinguishes the claimant's right. § 1. In cases provided for by law or due to peculiarities of the case related to the impossibility or excessive difficulty of fulfilling the burden under this article or the greater ease of obtaining proof of a contrary fact, the court may assign the burden of proof differently, provided it does so by a reasoned decision, in which case it must give the party the opportunity to discharge the burden assigned to it. § 2. The decision referred to in § 1 of this article must be issued before the opening of the evidentiary proceedings and, at the party's request, will result in the postponement of the hearing and will allow the party to prove the facts by any means permitted by law. § 3. The decision referred to in § 1 of this article cannot create a situation in which the party's discharge of the burden is impossible or excessively difficult. ________________________ Are you going to take the Second Phase in Labor Law? We have a Parts Workshop course. In this course, you'll learn how to prepare all the main labor documents required for the Bar Exam. If you're looking for a more personalized study experience, we offer Tutoring for the Second Phase of Labor Law. It works like a private lesson, focused on each student's individual needs, with corrections of documents and questions, question-answering sessions, and everything necessary for your approval. Information available by email, Direct Message, or WhatsApp _________________________ Follow us on social media Instagram: @marinamarquesprof -   / marinamarquesprof   Email: [email protected] WhatsApp: (32) 9851-1288 Website: prof-marina-marques.negocio.site Facebook: Marina Marques LinkedIn: Marina Quaglio Marques