A valoração do início de prova material da atividade campesina

Abstract

The objective of this study was to analyze the reason why the jurisprudential positions has been so divergent about the qualification of the probative set as a "beginning of material proof". It was a monograph, coming from a bibliographical research of description of the doctrinal, legislative and jurisprudential positions on the proposed subject. On the other hand, in order to apply the results of the bibliographical research, we sought to analyze empirically the case law of the Federal Court of Appeals PA / AP. aiming identify the parameters used by magistrates in the assessment of evidence. To fulfill this purpose, some sources of information have been used, especially the books, scientific articles and sites that use jurisprudence. In this research, we analyzed the origin of the “Segurado Especial”, listing the specific points that shape this work regime, the particularities related to their access to the Social Security Benefits Plan, as well as, the proof of the pertinent requirements to quality of insured person and the respective lack, this is because, the specific rule of this kind of insured has different methods from the others insured of the General Social Security System. From then on, the jurisprudential analysis was compared, comparing the understandings adopted by the Court of Appeals PA/AP, in relation to the understandings of the higher courts, such as STJ and TNU. Finally, it has been shown that contrary to what is established by law, judges have been giving much more importance to documentary evidence, to the detriment of testimonial evidence, which should be the key point of probationary evidence. On the other hand, there was a recurrence of chronic problems related to trial pricing by case law and the creation of a stereotype about the “Segurado Especial”, which does not comply with the relevant legislation, so a significant number of judicial decisions are based on arguments often authorities that disregard the legal relationship of this worker.