Da prova testemunhal no processo do trabalho: a suspeição da testemunha que litiga contra o mesmo empregador

Abstract

This paper demonstrates the need to limit the application of Abstract No. 357, of the Superior Labor Court, according to which is not suspicion the witness that litigates or already litigated in face of the same employer, behold, one should not ignore the fragility of testimony nor reduce the function of the magistrate, only apply the existing law without, however, weigh the factual circumstances. Thus, in order to give greater efficiency and justice for guardianships granted by the judiciary, it is proposed the possibility of recognition by the judge, the suspicion of the witness who litigates against the same employer, although this is not a case of suspicion listed by labor law.