A aplicação subsidiária de disposições probatórias do Código de Processo Civil como instrumento de desoneração da prova pericial na Justiça do Trabalho

Abstract

The purpose of this study is to draw a comparison between the normative rules and the jurisprudential application of the Expert Proof in the scope of the Civil Procedural Law and in the Labor Procedural Law. Therefore, it was necessary, initially, the study of the Theory of Proof, seeking the constitutional basis of the right to the test, tracing its object and its distributive dynamics between the parties. Subsequently, in the context of bibliographic research, the concept of Expert Evidence was worked out, its provisions in common procedural law and labor procedural law with the advent of the Labor Reform. It was concluded that in order to ensure that the parties to the labor process, especially the most disadvantaged, have made their constitutional right to the test, it is necessary to use the appropriate means in order to avoid, whenever possible, the use of costly labor-proofing. Accordingly, it is urged to use the Civil Procedure Code in a subsidiary manner, applying the provisions of article 374 of the CPC, as well as the loaned evidence and exhaustion of the documentary evidence, among other hypotheses.