Evidence in a Brazilian labor case: how to gather and organize it

In the Labor Court, whoever alleges a fact must prove it, but the law divides this burden: the worker proves the facts supporting their right, and the employer proves the facts that prevent or extinguish that right (CLT, art. 818 — the CLT is Brazil's Consolidated Labor Laws). Organizing your evidence well before filing a claim makes all the difference.

Quick summary

• Documents: digital work card, contract, payslips, FGTS statement (FGTS is the Severance Indemnity Fund), termination form.
• Messages and emails: screenshots with date, time and sender visible.
• Witnesses: up to 3 per party in the ordinary procedure and 2 in the summary procedure.
• Recordings: a recording made by one of the participants in the conversation is accepted by the Federal Supreme Court (STF, Theme 237).
• Time records: companies with more than 20 employees must record working hours (art. 74, §2).

Types of evidence and how to keep them

• Official documents — Where to get them: Digital Work Card app, FGTS app, payslips · Tip: download as PDF and keep in more than one place
• Messages (WhatsApp, Teams, email) — Where to get them: your own phone or computer · Tip: capture the screen with the contact name, date and time; export the conversation when possible
• Witnesses — Where to get them: colleagues and former colleagues · Tip: write down full name and contact; they usually attend the hearing without being summoned
• Photos and videos — Where to get them: phone · Tip: keep the original files, with metadata
• Medical reports and certificates — Where to get them: doctors and health services · Tip: keep the original copies
• Audio recordings — Where to get them: conversations you took part in · Tip: do not share them publicly; use them only in the case

Working hours and overtime

When a company with more than 20 employees does not present time cards, TST Precedent 338 (TST is the Superior Labor Court) allows the working hours stated by the worker to be presumed true, unless proven otherwise. Even so, write down your actual hours and keep records (messages sent outside working hours, system logins).

How to organize before filing

1. Build a timeline with dates: hiring, changes of role, important events, departure.
2. Name files with date and subject (e.g., "2026-03-14emailboss_target.pdf").
3. Separate by claim: overtime, FGTS, harassment, severance pay.
4. Make a list of witnesses and what each one saw.
5. Keep copies in the cloud and on an external device.

What to avoid

• Accessing the company's systems or emails without authorization after leaving.
• Recording conversations between other people that you are not part of.
• Exposing colleagues or the company on social media with the evidence.
• Altering or editing screenshots and audio.

Frequently asked questions

Is a WhatsApp screenshot valid evidence?

Yes, it is admissible, especially when it shows the contact, date and time and is consistent with the other evidence. The other party may challenge it.

How many witnesses can I bring?

Up to 3 in the ordinary procedure and up to 2 in the summary procedure.

Can a witness who still works for the company testify?

Yes. The mere fact that a witness is suing or has sued the same company does not make them biased (TST Precedent 357).

Read more in this series

• Labor Court: how it works and how to file a claim
• Workplace bullying: what it is, examples and how to prove it
• Jus postulandi: how to sue without a lawyer
• Pejotização: when a PJ contractor is entitled to an employment relationship
• Index: complete guide to labor rights