A distribuição dinâmica do ônus da prova no Código de Processo Civil de 2015 e a inversão do encargo probatório no Código de Defesa do Consumidor: o momento processual adequado para suas aplicações

Abstract

This current monograph aims to analyze the appropriate procedural time for the judge to reverse the burden of proof, particularly when it comes to consumer relationship, as well as dynamically distribute the evidential burden which the new Civil Procedure Code templates so that take effect the principles of legal defense and contradictory. Therefore, it becomes necessary to examine the way in which there is a distribution of the burden of proof, both in the current procedural law, as in the Consumer Protection Code. In addition, essential we do also find out what are the techniques of dynamic distribution of onus probandi on the Civil Procedure Code of 2015 and the reversal of the evidentiary burden on consumerist Code, with the way they are applied by the judge in a concrete situation. Eventually, there will be presented the doctrinal and jurisprudential positions on the most appropriate time for the judge to reverse the burden of proof and the solution brought by the new civil procedure code, in the light of constitutional principles that guide the civil process, identifying, moreover, the possibility of its application to the demands involving consumer relationship.