A inversão do ônus da prova

• Autor(a) principal: Guedes, Jessica Midory Kavatoko
• Data de Publicação: 2015
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34450
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Ônus da prova; Prova objetiva; Teoria geral das provas; Burden of proof; Objective evidence; General theory of evidence

The general object of this paper is to analyze, under the law of evidence, aspects of the burden of proof and its reversal under the aegis of the civil procedural laws and consumer in positive parental order. It starts with the concept of the exhibition, aspects of the general theory, evaluation systems and principles of proof, to proceed then to a greater examination of the allocation of its burden, and the possibility of its reversal under the adjectival law civil and consumer; and this from the perspective of hipossuficiência consumer or likelihood of their claims in consumer relations, submitted to the judiciary to solve conflicts by qualified resisted claim (chores). The specific objective of this research is precisely the reflection related to the issue of reversing the burden of proof specifically in the Consumer Law, its requirements, the role of the judge and the right time of your application, finally, reflections on the implementation of this tool and its actual effectiveness in the search for balance between the parties. The demarcation is justified by the importance that the theoretical study of proof plays in procedural science and its practical management that largely influences the outcome of the trial. Note that the process is the jurisdiction of the tool for law enforcement in the case, and the evidence, in turn, it is one of the essential tools of the process for optimal adjudication. In this sense the evidence is essential to the jurisdiction. And the possibility of reversing the burden of proof is progress for the realization of constitutional principles of equality, access to justice, contradictory and due process, making effective jurisdiction. For the development of research, the method to be used was the logical-deductive, where it initially draws the bibliographic reference system adopted and delimits up the research object, developing the fundamental assumptions, notably for the Civil Procedure Code and the Consumer Protection Code, promoting a wider and democratic interpretation giving voice to these people, who can not wait insecurity in a field, the legislature's coming to rescue them in support to their rights veracity of the facts alleged by party to the proceedings, recognized and protected by the state