A prova emprestada no processo do trabalho

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

The present dissertation has like target the analysis from the lent evidence in the labor process. The choice of the subject was fruit of a frequent contact with this evidence and from the perception of its weight for the solution of the labor actions and, in broader sense, for the own achievement from the Justice. The work turns on all the procedural peculiarities in the labor process in relation to the lent evidence, giving special prominence to the atypicity of this way and, also, to the responsibility of the test, that not has any differences regarding the adopted chiovendiana theory in the common trial. The lent evidence, by its time, is that one that already was produced in the process, but in another cause, from the which itself extrai apply-read to the cause in question. The doctrine and the jurisprudence already had consecrated the use of the lent evidence in the sphere of the labor process, for which it seems to have been servant, always with absolute respect to the principle of the contradictory. The essay takes in consideration the doctrine and the jurisprudence, also including the scientific and theoretical foundation that sediments the institute of the test, culminating for evidencing that a well done instruction, observing the principles of the contradictory, legal defense and due process of law, will lead to a sentence come towards to the requirements of the common good and to the social pacification, bigger purpose of the process.

ASSUNTO(S)

direito do trabalho ciências humanas prova (direito) justica do trabalho prova judiciária processo

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