O ônus da prova: inversão e distribuição dinâmica

Abstract

This work aims to analyze the institute of burden of proof in the civil procedural scenario. The study covers some notions of evidence in our system, bringing historical aspects of the burden of proof to the present day. Next, the innovations brought by the New Code of Civil Procedure in the field of evidence are evaluated, always focusing on the "burden burden". Afterwards, we discuss controversial issues that involve the subject, as the appropriate moment for the reversal of the burden of proof in the light of the principle of surprise closure decisions. The next two chapters of the paper deal with aspects of the burden of proof from the perspective of dynamic and static theories, drawing a parallel with consumer relations. At the end, the conclusions: the new civil procedural law brought effective modernization in the form of evidence, in order to "customize" each demand or conflict according to their particularities. In this new scenario, the need for a more detailed evaluation of each case is evident, so that the judge can determine what facts and allegations each party is most able to prove. Thus, it allows a greater robustness in the elements that will serve to construct the conviction of the judge