True, New Code of Civil Procedure and the Load Rule evidential Dynamics

• Autor(a) principal: de Carvalho, Francisco Bertino Bezerra
• Data de Publicação: 2016
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Conpedi Law Review
• Texto Completo: https://www.indexlaw.org/index.php/conpedireview/article/view/3525
• topic: Truth; New Code of Civil Procedure; Dynamic evidentiary burdens.; Verdade; Novo Código de Processo Civil; Carga probatória dinâmica.

The paper conceives the truth as a human creation, intersubjectively perceived, and places it throughout the challenges of communication, returning to this subject in the way from theory of the dynamic evidenciary burdem. It presents Law as a cultural pheno- menon and also its connection with the truth from two perspectives: the first of verifying the occurrence of legal facts and the other the incidence of legal rules in concrete cases. It also contemplates legal procedure as an instrument to construct, amidst reality, its purpose of regulating conduct. From these premises, the paper examines the tangibility of truth, the forms of its comprehension by men, as well as the contemporariness and importance of the truth within societies, even for the maintenance of the commitment to the possible truth. The paper visits the connection of the truth with Linguistics, Law and legal procedure, concluding at last that the latter is the search of truth, in a procedural system, to surrender to the society the truth of law and that the jurisprudence faces a triple legitimation, through the motivation, the procedure and the Habermas’ commu- nicative dialogue, applied over a procedural spectrum. Identified the receipt by the New Code of Civil Procedure the theory of dynamic evidentiary burdens as modification with greater relevance to the issue of search factual truth in civil proceedings, analyzes it from the perspective proposal.