ENTENDIMENTO JURISPRUDENCIAL: ÔNUS DA PROVA PARA REPARAÇÃO DE DANO MORAL EM RESCISÃO INDIRETA MOTIVADA PELO CRIME DE ASSÉDIO SEXUAL NO TRABALHO

Abstract

This monograph analyzes the distribution of the burden of proof in labor claims involving requests for indirect termination of the employment contract due to sexual harassment in the workplace. The study contextualizes the difficulties victims face in proving harassment and emphasizes the importance of protecting human dignity. It is justified by the need to ensure effective access to justice and compensation for moral damages arising from such unlawful conduct. The main objective is to understand the jurisprudential interpretation regarding the reversal of the burden of proof in these cases, based on the theory of aptitude for evidence. The adopted methodology consisted of bibliographic research in specialized legal literature, analysis of case law from Regional Labor Courts and the Federal Supreme Court, and statistical examination of data related to the incidence of sexual harassment and indirect termination in both criminal and labor courts. The study concludes that the flexibilization of the traditional rule on the burden of proof, combined with the enhancement of fundamental rights in labor procedures, is essential to ensure accountability of the offender and justice for victims.