Súmula 8
Autor | Fernando Augusto de Vita Borges de Sales |
Ocupação do Autor | Advogado. Mestre em direito. Professor do curso de direito da UNIP - Universidade Paulista e Professor do curso de direito da UNICID - Universidade Cidade de São Paulo |
Páginas | 19-19 |
Page 19
JUNTADA DE DOCUMENTO
A juntada de documentos na fase recursal só se justifica quando provado o justo impedimento para sua oportuna apresentação ou se referir a fato posterior à sentença.
Assunto: produção de prova documental Legislação correlata: CLT/787 e 845 Súmulas do TST relacionadas: 415.
Comentários
Num processo judicial - incluindo-se aí o processo do trabalho - deve-se observar o momento próprio para a produção da prova (princípio da oportunidade da prova). No caso da prova documental, no processo do trabalho, o momento próprio para a sua produção, para o reclamante, é junto com a petição inicial (CLT/787) e para a reclamada, com a contestação (CLT/845).
Passado esse momento, opera-se a preclusão, sendo vedada a juntada de novos documentos, salvo se se tratar de documento novo ou se for justificado o impedimento de fazê-lo no momento próprio.
Ora, se as partes não podem juntar ao processo documentos depois de passado o momento próprio, com muito mais propriedade não poderão juntar documentos na fase recursal, após a sentença que resolveu as questões de...
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