ANÁLISE DA APLICABILIDADE DA PRODUÇÃO ANTECIPADA DE PROVAS (ARTS. 381 A 383 DO CPC/2015) AO DIREITO PROCESSUAL DO TRABALHO

Abstract

The CPC / 2015 revoked the autonomous precautionary actions, but maintained the precautionary measures incidental, and provided for the specific procedure for the early production of evidence (articles 381 to 383) for specific purposes. The Higher Labor Court issued Normative Instruction No. 39/2016 and when examining the content of its articles it is noted that there is no prohibition (Article 2), as well as there is no express permission (Article 3) on the procedure for the advance production of evidence foreseen in CPC / 2015. In this sense, the central question of the research is the following question: does the procedure for the early production of evidence contained in CPC / 2015 apply to labor law? The general objective is to investigate, in the light of the principles of subsidiarity and the duty to cooperate, whether such a procedure is compatible with procedural labor law. To achieve this, the deductive method was applied and the research carried out is characterized by being qualitative and exploratory, with analysis of bibliographic data. In the end, it is concluded that the procedure for the early production of evidence, although not expressly provided for in Normative Instruction No. 39/2016, is perfectly applicable when combining the ideals of integration of civil procedural norms with the new model of cooperative process.

Keywords

• Work process
• Subsidiarity of the CPC
• Cooperative process