A dinamização do ônus da prova como materialização do princípio do contraditório

Abstract

This academic work aims to analyze the characterization of the dynamic distribution of the burden of proof as an outcome of the constitutional principle of contradictory. Having as a parameter the constitutional objective of building a fair and effective decision, it was understood that the principle of contradictory, in the production of evidence, developed in the power to influence the judge, which must be exercised with equality. In this way, after an extensive literature review, the present research understands the dynamic distribution of the burden of proof as a way to achieve parity of arms, which guarantees the effective exercise of the contradictory. Aiming to have an application with positive effects and balance process, this instrument must be applied, mainly, in the light of the principles of non-surprise, the reasoning of decisions and appealability of decisions, besides the need in to being preceded by cooperative actions, that must be committed to the search for justice in decisions.