A prova em vídeo na justiça do trabalho: um estudo comparativo

Abstract

The main objective of this study is to answer the following questions: Is the Brazilian Labor Court prepared to face video as a means of evidence? To what extent do legal professionals working in the labor court have competence to deal with video evidence in their daily work? For this purpose, we sought to carry out the analysis, in a gradual, in-depth state, of three specific cases that were processed in the Labor Court of Rio de Janeiro: inadmissibility of the video test, second degree decision without reform and with mere reference, decision reformed in the second degree. Initially, a literature review on the subject was carried out. Afterwards, through the qualitative method of in-depth concrete case study, the form and content of admission and reasoning for decisions based on the video test were investigated. The treatment given to the video test was observed, from the reception of the data in digital format, the difficulties and/or resistances for the visualization of the images, the effective visualization of the test by the judge and the valuation used in the grounds. Thus, it was possible to ascertain the aptitude of the legal operators involved in dealing with the evidence in audiovisual format. Finally, the dissertation suggests the construction of a policy aimed at the digital literacy of legal professionals, from the basic training process in law schools to training and continuity in their careers.