O ônus da prova e o poder instrutório do juiz

• Autor(a) principal: Bassi, Luís Fernando
• Data de Publicação: 2012
• 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/34818
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL

The present study aims to study the parallels between the burdens that each party plaintiff has to prove its right and the instructive power of the judge, which is standardized in the art. 130 of the Code of Procedure. To this end, the study will start by considerations about the historical origin of the jurisdiction, the burden of proof and the instructive power of the judge, through the legal concept of proof and burden of its distribution, analysis of subjective burden and the burden goal. We will then analyze the investigation is the judge's powers under the principles device and inquisitorial, as well as judicial impartiality, procedural equality. Also, will study the relationship between the powers of investigation is the judge and the rules of distribution of the burden of proof, the nature of the substantive right, until you reach the limits of nature and instructive power of the judge. Finally, we will study the powers of investigation is the judge in light of the instrumentality of the process, whose exponents are Antonio Carlos de Araujo Cintra, Ada Pellegrini Grinover, Cândido Rangel Dinamarco, José Roberto dos Santos Bedaque and José Carlos Barbosa Moreira, who argue that the main scope of the process is peace with justice, and the process just a mere instrument of the search for just solution, which gives the correct and equitable application of substantive law