A composição dos interesses público e privado: negócios jurídicos processuais no âmbito do direito probatório

Abstract

For the present study that is about the general theory of law evidence and legal business processes within that area of civil procedural law, the most relevant topics are going to be the burden on proof, the pretrial judge’s power as well as the legal business processes which were directly influenced by the social chances and its consequent reflexes to the scope of the civil process, having, as is natural, evolved and adapted to them. What happens is that in the face of the current political scenario added to the rise in popular dissatisfaction with the State, and in particular with the lack of efficiency of the judiciary, the expansion of private autonomy and its limits in the process have been extensively discussed, especially because of the so-called atypical legal business processes, which were recently rendered by the new Civil Procedure Code from 2015. In this regard, the topics mentioned above as well as its outcomes will be addressed, in order to set some basic premises, which are going to support the discussion on the legal business processes within the scope of the law evidence and whether or not there is a prevalence of the state interest when in search of the veracity of the facts pleaded in cour