A distribuição dinâmica do ônus da prova: uma nova regulação capaz de superar antigos desafios?

Abstract

The current study want to analyze if the new regulation about the burden of proof, in the Code of Civil Procedure, that consecrate the theory of dynamic charges probationary in the juridical planning, will be capable to solve the many challenges that the application of the said theory faced over the time. This work wish to show how still complicated is the approach about the burden of proof, even with the affirmation of clear legal article about the theme. For this purpose, the current study has made an historical construction about the institute, explaining the many theoretical approaches across the theme, especially talking about the experience of the Consumer’s Code and his inversion of the burden of proof model. The new regulatory mark of the theme has been faced through the analysis of his efficiency to regulate situations like the systemic incompatibility of the institute, the formation of diabolical proof and the profusion of generic decisions in the judiciary branch.