Possibilidade de utilização da prova exclusivamente testemunhal na comprovação dos requisitos para a concessão de aposentadoria por idade rural

Abstract

In this paper, we analyze the possibility of a rural worker rely exclusively of testimonial evidence to prove the requirements for granting the benefit of rural retirement age. To do so, we will make a critical approach of some institutes relating to the theme, such as: the reason for the limitations that prohibit the evidentiary use of testimonial evidence alone, the conflict between these limitations and the principle of rational persuasion, the fundamental right to proof and a fair trial; dangers of testimonial evidence and methods that judges have to make more reliable examination of witnesses. That done, we will be able to discuss, in a safe and cohesive about the appropriateness or not of purely testimonial proof seal harvest on social security, on the specifics of the case, celling the difficulty of rural workers to gather evidence about their rural labor.