Os indícios e a prova indiciária no Direito Processual Civil: um estudo necessário

Abstract

The theme related to indications and circumstantial proof is, at the same time, and by all levels that can be analyzed (legal, doctrinaire or case laws), one of the most up to date, relevant and, mainly, deficient in Civil Procedural Law. An adequate academic response has long been required, and this is the main objective of the present study: to resolve such verified legal-scientific shortfall. For this purpose, the preparatory premises that are essential for the understanding of the theme were initially presented. Afterwards, the correlation between truth, proof and process was clarified, as well as the fundamental aspects of the general theory of judicial proof were presented, in order to initiate the analysis of the theoretical and practical aspects surrounding the indications and the circumstantial proof, with due focus on civil procedural law. The method used to prepare the study was hypothetical-deductive, essentially by the bibliographic review procedure, with the consultation of books and scientific articles (printed and electronic) from various areas of Law, especially those related to procedural and evidentiary law in general, and written by different nationalities authors, from the classics to the modern ones. At the end, it was verified that the circumstantial proof has its own structure, being the indications the starting point to - indirectly and logically - know the fact that is intended to prove in the process and, if properly understood how such structure operates in the practical case and the care it requires, it can be attributed to the indications the nature of evidence, in the light of the civil procedural system and the general theory postulates of judicial proof