Ônus da prova

Abstract

This paper aims to demonstrate and discuss the relevant issues on the burden of proof issue, bringing recent discussions on the matter. To do so, it begins with the study of the generalities that involve evidence, appraising it and demonstrating its features, object and purpose. Moreover, understandings were discussed in great scholars about the recipient and the standard of proof and evidence of differentiation between illegitimate and illegal evidence and its consequences. Before entering the topic itself sought to also list the fundamental evidentiary principles, and discuss the constitutional guarantee about the proof. After, entering the main theme, made a distinction between burden and obligation, from the drafting history of the classical theory of the burden of proof. Overcome this preliminary part presented the concept of burden of proof, in the view of many scholars, discussing the legal system and form of distribution of the burden addressing also the dynamic theory of distributing the burden of evidence. Been addressed yet, discussions about the moment of impact of the rules of burden of proof and the burden of proof in the face of default. In the end, it was the possibility of reversing the burden of proof and the influence of assumptions and circumstantial evidence in the judge's decision. It was concluded that the rules relating to burden of proof is of utmost importance to due process because it is through their appropriate distribution that we have the opportunity to exercise the contradictory and full defense, which are also essential in the quest to achieve justice