Aspectos atuais da prova no processo civil

Abstract

The objective of this study is to analyze evidence in civil proceedings, justifying the choice of this theme based on the widespread need for further explanation and studies in this direction. It was concluded that the evidence is the element that sets the conviction of the judge on the facts that show how the claim on the Parties. The production of evidence sees the heart of the process assumes importance in providing court. It was also then that by using the principle of proportionality, we evaluate the possibility of illegal admission of evidence, weighing up the conflicting interests by checking whether the transgression is necessary making it excusable behavior on the part; or if the party can prove their claims for regular forms, and the offense generated greater harm to the benefit that will be brought to the examination. What about the burden of proof, it follows that s reversal of the burden of proof is then presented as an important way to balance the legal procedure, which was unbalanced due to factors outside the process, giving the judge means to transfer the part economically and technically stronger a proportionately heavier burden than that borne by the hipossuficiente