Uma proposta de redefinição científica do conceito de "prova emprestada"

• Autor(a) principal: Pereira, Laís Zumach Lemos
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Espírito Santo (riUfes)
• Texto Completo: http://repositorio.ufes.br/handle/10/8822
• topic: Law of evidence; Means of evidence; Borrowed evidence; Concept of borrowed evidence; Linguistic turn; Philosophy of language; Civil procedure code of 2015; Federal Constitution; Direito Probatório; Meios de prova; Prova emprestada; Conceito de prova emprestada; Giro linguístico; Filosofia da linguagem; Código de processo civil de 2015; Constituição Federal; Direito Processual Civil; Brasil. [Código de Processo Civil (2015)]; Prova (Direito); Admissibilidade da prova (Direito); Linguagem – Filosofia; Línguística forense; 340

This study deals with the discipline of “borrowed evidence” in the Brazilian Procedural Law. The “borrowed evidence” was expressly recognized in the Civil Procedure Code of 2015, in its article 372, and although widely used by forensic practice, does not find in the academic field a more accurate study of its concept. Almost the unanimity of the doctrine is based on an outdated dichotomy between value and form to define what is the “borrowed evidence”, stating that it consists in an evidence that, produced in a process, is transferred to another in the form of a documentary evidence, but differentiating of that by preserving its original value. Taking into account the philosophical questions brought by the movement of the linguistic turn, and based on the philosophy of language, this work has as a goal to define more precisely and scientifically possible the concept of what is meant by "borrowed evidence", and supported mainly by the Federal Constitution and the New Civil Procedure Code, examine some relevant aspects to the definition of this kind of evidence. Therefore, it is considered some particulars of the General Theory of Evidence valuable to the theme, demonstrating, for example, the various meanings that the sign "evidence" may have and also the main classifications found in the evidence law books. At the end, it is architected a new classification of evidence, which takes into account the so-called "means of evidence", resulting in the definition of "borrowed evidence".