A distribuição do ônus da prova no direito processual civil à luz da Constituição Federal

Content Provider	Semantic Scholar
Author	Pendeza, Marcelo Cristiano
Copyright Year	2015
Abstract	The study of procedural law in the light of the constitutional issues is salutary important, considering that some institutes have reduced their effectiveness in effective protection of rights, not to be understood from the perspective of realization of fundamental rights. The study of fundamental rights must be guided by a comprehensive vision, marked by classical indivisibility and interdependence of rights and freedom of social, economic and cultural rights enshrined in our Charter Biggest and by axiological values inextricably linked. The form of distribution of the burden of proof in civil procedural law, although provided in our constitutional legislation, shows up outdated with the new aspirations of society as well as for the direction dictated by social dynamics, given its stateness exacerbated by imputing responsibility the burden of proof to the forms dictated by Article 333 of the Civil Procedure Code (CPC), without considering the peculiarities of each case. Sometimes the party that is best able to provide evidence of a particular fact is not one ruled by Article 333 of the CPC, however, before the taxatividade and stateness that article, evidence is not produced by the inertia that should prove, as it is under the cloak of legal irresponsibility. This research aims at scientific research and the analysis of the distribution of the burden of proof in civil procedural law under the constitutional approach. Trace the evolution of this development and its current design, presenting the difficulties imposed by the state, as well as obstacles that present themselves during this difficult path and you will see the need to become flexible in distributing the burden of evidence laid down in art. 333 of the Code of Civil Procedure. The research of the subject seeks to deepen the study of the need to distribute the evidential burden in light of the fundamental rights and guarantees, especially regarding compliance with the guarantees of access to justice, contradictory, full defense, among other constitutional principles and guarantees laid down, the pillars due process by shifting the burden of proof to him that is in the best position to prove the disputed fact, everything in the pursuit of truth, constituting the judicial process an effective instrument for achieving fair legal system. Corroborating the central theme, the study instructive as the powers of the judge to the search for truth and perfection of technique with the constitutional reasoning, in order to equip the process, preparing you for the respect of basic principles and guarantees in search of a just sentence. The study of new forms of distribution of the burden of proof may result in new concepts and rules that meet the new procedural system.
File Format	PDF HTM / HTML
Alternate Webpage(s)	http://aberto.univem.edu.br/bitstream/handle/11077/1313/Disserta%C3%A7%C3%A3o%20-%20Marcelo%20Cristiano%20Pendeza.pdf?isAllowed=y&sequence=1
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article