Inversão do ônus da prova: aspectos gerais e entendimentos do STJ sobre o custeio da prova pericial.

Abstract

The present work has as objective the analysis of the interpretation from the High Court of Justice (STJ) before the shift of the burden of proof. For such, were not only used the doctrinal basis launched in different moments, but also analysis of the current ordination and the case law applied to the subject. Thus, it was built the problematization of aspects involving the practice of inversion of evidential burden in Brazilian law, such as distribution of peritial costs when the institute operates. In order to have enough theoretical basement to interpret the subject, it was initially approached the concepts that surround it, as well as the importance of the proof in the application of the law. Besides all that, the concept of burden of proof was analyzed, its evolution through the years and its distribution hypotheses, which involve the knowledge of the established proposition by the Civil Procedure Code from 2015, Consumer Protection Code, all the developments of judicial activism, the hypothesis of dynamic distribution of the onus and, finally, the inversion of the burden of proof. Once all the aspects were analyzed and prior consolidated knowledge over the subject, it was able to problematize the application of the institute after the changes of the CPC/2015 and the consolidated understanding by STJ. This way, with the approach of different doctrinal conceptions, it was understood that the new Code cemented important legal practices related to the topic. However, the consolidated knowledge by STJ in the cost of peritial evidence in the hypothesis of the institute allows solid criticism, based in the appearance of the indirect inversion of financial burden.