De Íkarus a Prometheus: o uso da prova científica no atual processo civil brasileiro.

• Autor(a) principal: Luna, Rafael Alves de
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UNICAP
• Texto Completo: http://tede2.unicap.br:8080/handle/tede/1115
• topic: Direito Processual Civil; Processo civil - Brasil; Prova (direito); Dissertações; Dissertations; Related searches; Civil lawsuit - Brazil; Proof (right); CIENCIAS SOCIAIS APLICADAS::DIREITO

This research seeks to answer questions about the scope and meaning of the term scientific evidence (arts. 464-484, CPC / 15), seeking to identify whether the right has adequate means to serve as a barrier to entry of elements not scientific or pseudo-scientific evidence in the civilian evidence module; which would otherwise lead to the conclusion that the law attributes a character of infallibility to both the scientific and to the mere appearance of scientificity. In addition, it is also intended to answer, in case of identifying problems, what would be these, so that solutions are proposed in the end. The hypothesis that can be argued is that the Brazilian civil process does not have adequate means to remove non-scientific or pseudo-scientific elements from the probative module, due to the absence of objective criteria and a possibility of political admissibility of the scientific evidence. In order to respond to these concerns, this research is methodologically based on national and foreign literature review, as well as a study of some practical cases, in order to test the hypotheses previously formulated. Initially through the lessons of epistemology and harsh science, the present state of science will be explored through a brief historical link that begins with the Modern Age. Shortly thereafter, general lessons will be presented on the theory of proof, already trying to identify the possible problems related to the use of scientific evidence. Finally, from the distinction between technical evidence and scientific evidence, the problems related to the handling of scientific evidence in the context of civil procedure are outlined, proposing solutions that do not depend on legislative initiative, but through CPC/15 itself.