Provas documentais eletrônicas: assimilação, utilização, e repercussões em lides por danos morais nas varas trabalhistas de São Luís

Abstract

Labor disputes have been adapting to technological innovations in response to the need for simplification, fluidity and speed in resolving claims. To this end, electronic documentary evidence has been accepted on the basis of the criteria already laid down in the Code of Civil Procedure. Given the numerous advantages that their use brings, both to the functioning of the process and to the parties involved, it is presumable that their use has intensified. Added to this are the recent changes that the labor scenario has experienced, brought about both by the Labor Reform and more recently by the effects of measures to combat the coronavirus which, in the latter case, have considerably changed the frequency, methods and jurisprudential perception of the application of this type of evidence. Thus, this paper aims to present and analyze decisions in lawsuits for moral damages in the labor field, delimited to the district of São Luís in the period from 2019 to 2021, and the understandings arising from them, in compliance with Law nº 13.467/2017 and the repercussions of the preventive measures adopted by society as a result of the pandemic, especially with regard to the use of digital evidence in these cases.