A revelia no processo do trabalho – Sum. 122 TST: equidade e proporcionalidade ou abuso de hipossuficiência

Abstract

The labor process relationship, for the most part, is composed of two disparate parts in knowledge, strength, opportunities, and so on. Because of this, in view of the great movement of the law in order to protect the most vulnerable minorities, several instruments have been created that makes minor differences, balancing the legal relationship. With this, the Higher Labor Court consolidated an understanding, through the summary 122, about the institute of revelia, guiding its application in the labor court. However, what moves this project is the realization of the risk of vulgarizing the worker's hyposufficiency, making the Labor Court process a lucrative market. Revelia is a challenging institute. Therefore, it has a wide use in the routine of Labor Justice and, several times, this situation appears when the Judge does not remain convinced of the reasonableness or, at least, of the verisimilitude of the allegations. Thus, the question arises as to the possible risks of defining the defendant as a revelation, even if his lawyer attends a proxy hearing. Was it really the claimed revel? Was she really being complained about being dehydrated in the procedural relationship, being absent from the hearing? Would not this make hyposufficiency an unlimited institute, transferring all the risks of the procedural relation exclusively to the claimed one? Thus, the basic objective of this research is to observe whether the TST understanding actually balances the procedural relationship and concretizes the principle of proportionality or unreasonably increases the hypersufficiency.