Aportes epistemológicos sobre os conteúdos imagéticos do vídeo na seara cível: um estudo da prova em vídeo em segundo grau no Tribunal de Justiça do Estado de Minas Gerais

Abstract

This article deals with the approach of video evidence in civil jurisdiction by the Court of Justice of Minas Gerais. In this sense, filming, as an expression of the technological advancement that increasingly permeates the judicial scene, stand out for its multifaceted content and its apparent literality of the exhibited, imposing on the legislator, the judges and other operators of law, attention and criticality when of its analysis. Thus, the perquirition that follows, recognizing the contribution of other works in the criminal field, both in civil law and in common law, also aims to address the use of video in civil procedure, indicating its particularities, the provisions already inserted in the adjective legislation and the tendency of the judges at the time of their valuation. To this end, two civil judgments of the year 2021 of the TJMG were analyzed, observing primarily the reasoning of the judged and comparing, at the end, the result of one and another analysis, especially the convergent and divergent traits from the confrontation of the results. Moreover, even if there was the adoption of some guidelines for the argumentative analysis of the statements examined, the scrutiny was predominantly free, taking into account the particularities of the case. Finally, it was also analyzed the contribution of the procedural diploma to the valuation procedure of the magistrates, highlighting, despite the legislative evolution, whether the defects of the adjective civil norm, whether the successes it has achieved.