Ônus da prova no direito processual civil brasileiro

Abstract

This paper aims to discuss about the burden of proof in the Brazilian Civil Procedural Law. Referred to institute our laws homeland generates huge debates among the most respected legal doctrine, that debate is not restricted to the Brazilian Scholars. Initially, teceremos a brief explanation of the origin of proof, proof of concept and historical evolution. It is necessary to talk about the race since the theme of the work takes place in the study that they have the duty to prove something, that is, have the burden of proof. After overcoming the barrier above analyze the burden of proof, starting with its historical development, concept, burden of proof on subjective and objective. We will also slow down a little bit of verisimilitude. In a second step, for us to discuss what will be the most controversial topic of the work, because we will analyze the reversal of the burden of proof. This approach will in many ways, and first analyze the inversion in the CPC, in common stock, and then shifting the burden of proof typified in the Consumer Protection Code. Finally this paper will analyze the time reversal of the burden to prove by hiring the time of delivery or before the sentence, usually in the sanitation process, when the judge will fix the controversial points of demand, Hearings before the fact. This will only point out that humbly discuss the issues concisely just to whet the reader to seek the information truly founded, as it is available a wide range of research material, with defense for theses different about our theme