Revelia técnica: um novo instituto jurídico no direito processual do trabalho?

Abstract

This paper examines technical default judgment, as a procedure phenomenon that appears sporadically in the literature and jurisprudence, aiming to understand and characterize whether it represents a new event related to the defendant’s contumacy in court, and its implications for the rules of burden of proof and decision-making techniques. Based on bibliographic and documentary research, with the latter anchored in judicial decision analysis methodology, the study reveals that, at least in labor law proceedings, technical default judgment is used as a legal concept distinct from other forms of contumacy. Furthermore, although its application is not observed in a single hypothesis, there is a common reason underlying its entire use. Thus, the research findings suggest the emergence of a new procedural mechanism, in the form of a new type of default, referred to as technical default.