A LITIGÂNCIA DE MÁ-FE E O ASSÉDIO PROCESSUAL NA JUSTIÇA DO TRABALHO

Abstract

The process is the appropriate way for the search for peaceful and rational solution to the conflict, to be made effective combating improper conduct of the parties avoiding procedural fraud, since the fairness and honesty are duties of the parties, attorneys, and all those who are connected to the procedural relationship. However, it is possible to discern in the sphere of labor law a large number of cases in which the claimants, protected by the principle of in dubio pro operario, venture increasingly labors reckless, using incoherence and untruth in the facts narrated . In addition to the parts, often the judges, to meet apparent forgetfulness of their task of carrying out justice, endowed technicality and procedural formalism that even take prior knowledge of complaints and guide, they leave to apply the penalties established for prevention of new procedural fraud, causing impunity, increasingly, increase the number of litigants endowed with bad faith. Thus, during this study will be made through research on legislation, doctrine and jurisprudence, so that no claim to exhaust the subject, to analyze the main issues immersed in the problems caused by the bad faith of all those involved in procedural relationships.