A valoração da prova em Processo Civil

• Autor(a) principal: Rodrigues, André Marques
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/97555
• topic: Processo Civil; Prova; Direito probatório material e formal; Prova livre; Livre apreciação da prova; Prova legal; Confissão, prova documental; Inadmissibilidade da prova testemunhal; Documento ad substantiam; Verdade material e verdade formal; Civil procedure; Evidence; Evidence in the Civil Code; Evidence in the Civil Procedure Code; Free evidence judgment; Legal based evidence judgement; Confession; Documents; Inadmissibility of witness deposition; Ad Substantiam Document; Material truth and formal truth; Direito

The following report was written as a result of an internship in the central civil court of Lisbon, as part of the Masters in Forensic Law and Arbitration, carried out between September 2019 and February 2020. The internship consisted in accompanying the day to day work of a state judge, taking attendance to preliminary and final hearings, studying civil cases and debating relevant civil procedure theoretical questions. Some practical activities were carried out in the form of simulating sentences/verdicts and preparation of preliminary hearings (elaborating the written part of the hearing); lastly, the intervention of the judge during all the procedure was broadly simulated. The final verdict depends on the facts that were considered proved; the facts are in controversy when the parts first bring them to court; the judge must decide what corresponds to the truth and decide based on that judgment. The report has examples that go along with the theoretical explanation of legal concepts and is the product of a better understanding regarding evidence in Civil Procedure. This was made possible by the direct contact with the way evidence was considered by the judge The report is divided into two main groups.The first aims to explain essencial concepts in regard to evidence and the two systems of judging evidence in Civil Procedure, also aiming to demonstrate the current state of evidence law. In the second group the focus is shifted to specific types of evidence (by confession, documental, inadmissibility of witness deposition and ad substantiam documents), taking into account the law, authorities and case law on the subject. All is taken into account to formulate a critical evaluation and to ponder the conflict between material and formal truth