THE DYNAMIC ALLOCATION OF THE BURDEN PROOF AS AN INSTRUMENT FOR THE EFFECTIVENESSE OF SUBSTANTIVE EQUALITY IN LABOR PROCEDURE

Authors

  • Matheus Miguel Muniz Faculdade de Direito de Ribeirão Preto (USP)
  • Jair Aparecdio Cardoso Faculdade de Direito de Ribeirão Preto (FDRP-USP)

Abstract

This article analyzes the dynamic allocation of the burden of proof in labor procedure as an instrument for the effectiveness of substantive equality. Its objective is to demonstrate that the flexibilization of the probative burden, provided for in Article 818 of the CLT and Article 373 of the CPC, is not merely a procedural technique, but an indispensable measure to overcome the structural inequality between employee and employer and to ensure the realization of fundamental rights. The methodology consisted of theoretical-dogmatic and bibliographic research, based on authors such as Miguel Reale, Alfonso López Quintás, Hegel, and Feliciano, in addition to labor and procedural legislation. The study articulated social reality, legal theory, and axiological hermeneutics to highlight that evidence must be interpreted in dialogue with constitutional values. The results showed that the dynamic theory is essential in cases of difficult proof, such as discrimination, harassment, and labor environmental violations. It concludes that the redistribution of the burden of proof is a methodological and axiological development that reaffirms the protective mission of Labor Law.

Keywords: Dynamic allocation of the burden proof. Substantive equality. Labor procedure.

Author Biographies

Matheus Miguel Muniz, Faculdade de Direito de Ribeirão Preto (USP)

Student at the Ribeirão Preto Law School – FDRP – University of São Paulo (USP). Has previously published another article at the institution, entitled “Between Freedom and Slavery: Epistemological Assumptions for Labor Law.”

Jair Aparecdio Cardoso, Faculdade de Direito de Ribeirão Preto (FDRP-USP)

Professor at the Ribeirão Preto Law School – University of São Paulo (USP). Ph.D. in Law from the Pontifical Catholic University of São Paulo (PUC-SP, 2006). Holds a Bachelor’s and a Master’s degree in Law from the Methodist University of Piracicaba (UNIMEP). Postgraduate in Tax Law from the Pontifical Catholic University of Campinas (PUC-Campinas). Leader of the research group (CNPq/2010) “The Transformation of Labor Law in Postmodern Society and Its Reflections on the World of Work” at FDRP/USP. Member of the research network RETRABALHO – Network of Research Groups in Labor Law and Labor Procedure (CNPq). Author of articles and books in the field.

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Published

2025-12-26

How to Cite

Miguel Muniz, M., & Aparecido Cardoso, J. . (2025). THE DYNAMIC ALLOCATION OF THE BURDEN PROOF AS AN INSTRUMENT FOR THE EFFECTIVENESSE OF SUBSTANTIVE EQUALITY IN LABOR PROCEDURE. Anais Do Congresso Brasileiro De Processo Coletivo E Cidadania, 13(13), 576–598. Retrieved from https://revistas.unaerp.br/cbpcc/article/view/3909

Issue

Vol. 13 No. 13 (2025): ANAIS DO CONGRESSO BRASILEIRO DE PROCESSO COLETIVO E CIDADANIA

Section

Direitos da Personalidade e a Dignidade da Pessoa Humana

License

Copyright (c) 2025 Anais do Congresso Brasileiro de Processo Coletivo e Cidadania

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

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