A aplicabilidade da inversão do ônus da prova na comprovação do assédio moral no processo trabalhista.

Abstract

This monographic work analyzed the practical applicability of the reversal of the burden of proof in proving moral harassment in the workplace and researched in which cases case law and doctrine have admitted the reversal of the burden of proof to prove moral harassment in the workplace. It briefly studied the historical context of the protection of the employment relationship, as well as the main principles of labor law and occupational medicine and safety. It examined aspects related to moral= harassment in the workplace: definition of moral harassment in the workplace; characteristics of moral harassment in the workplace; effects of moral harassment on the worker's life. It analyzed evidence in the labor process: concept of evidence; principles of evidence; means of evidence. It went on to study the inversion of the burden of proof: the applicability of the inversion of the burden of proof in the labor process; the origin of the institute of the burden of proof; moral harassment at work and the difficulty of proof and jurisprudential analysis of the admissibility of the inversion of the burden of proof to prove moral harassment in the workplace. In this context, the problem faced consisted of the practical applicability of the reversal of the burden of proof in proving moral harassment, and in which cases case law and doctrine admit the reversal of the burden of proof to prove moral harassment in the workplace. In order to accomplish this task, we used the hermeneutic method of bibliography researched in the course of the chapters, seeking to analyze the procedural aspects of the reversal of the burden of proof in the labor process.