O momento da inversão do ônus da prova e as garantias do contraditório e da ampla defesa

Abstract

This paper analyzes the moment of distribution of the burden of proof and its effects on the guarantees of contradictory and full defense. Initially, introduces the concept of burden of proof in its dual perspective (objective and subjective), and then approaches the perfect and imperfect burden. In a second step, to handle the distribution of the burden of proof specifically, draws a parallel between the static model and the conventional model, presenting the reverse burden of proof in the Code of Consumer Protection (ope legis and ope iudicis) and the distribution of dynamic load of the burden. For the last, the third section presents general guidelines on constitutional guarantees of full defense and the contradictory from the perspective of the moment of distribution the burden of proof