Assédio sexual no ambiente de trabalho nos casos de silêncio e medo: o valor probatório dos indícios e presunções e a flexibilização da persuação racional do juiz

Abstract

This monograph analyzes the problem of evidence of sexual harassment in the workplace, specifically in cases where the victim's silence and fear compromise traditional evidence production. The study examines how the clandestine nature of the unlawful act, combined with the power asymmetry between harasser and victim, leads to the so-called probatio diabolica, a situation in which full proof of the constitutive facts of the right becomes impossible or excessively burdensome for the vulnerable party. Against this backdrop, the research investigates the evidentiary value of circumstantial evidence and presumptions in labor proceedings, the theory of dynamic burden of proof distribution positivized in §1 of art. 818 of the Consolidation of Labor Laws (CLT), and the flexibility of the judge's rational persuasion as mechanisms of procedural balance. The methodology adopted is qualitative, based on bibliographic research, analysis of jurisprudence from Regional Labor Courts (TRTs) and the Superior Labor Court (TST), as well as comparative law studies, particularly the French model of evidentiary protection. It is concluded that maintaining the static burden of proof system in sexual harassment cases perpetuates impunity and violates the constitutional principle of human dignity, making the adoption of the dynamic theory and recognition of the special evidentiary value of victim testimony imperative, grounded in gender perspective and equitable judgment.