A inversão do ônus da prova nas relações de consumo: as condições e o momento processual

• Autor(a) principal: Pereira, Marcos Dias
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/16889
• topic: Palavras-chave: Código de Defesa do Consumidor. Relação de Consumo. Inversão do Ônus da Prova.

With the development of the consumer society, the purchase and sale was modified. The massification of the products and services just by changing the way to negotiate. The Code of Consumer Protection appeared with the objective of regulating these new legal relations: the relations of consumption. Given this scenario, it is important to know what is the best time of procedure for the judge to analyze, and the need to reverse the burden of proof, so that the aforementioned reversal to perform in accordance with the principles listed in the work they are constitutional, and cited in the Code of Consumer Protection. To achieve this purpose, brought the theory of consumption relation its elements, the aspects of the burden of the procedure and the burden on the part of consumer protection. It was observed that, with the aim of protecting the right of defense of the supplier, it is necessary that he be informed of the reversal of the evidential burden and, with it, has a chance to produce the evidence it deems necessary. The work shows that for the instruction of evidence it is necessary that the reversal is alleged at the time of the sanitation done, or before, this time, however, it is necessary that have been inserted the controversial issues and which are suppressed the legal conditions for the permission of the reversal of the burden of proof.