Prova relevante x “cognição suficiente”: da necessidade de reconstrução de conceitos em matéria probatória para a emersão do contraditório como influência

Abstract

This work lends to analyze the situation in which the magistrate inadmites the evidence proposed by the part, justifying his option in having already achieved knowledge enough about that question. This posture reveals a cultural problem, because it denotes an obsolete conception that the judge would be the unique recipient of evidence, which does not harmonize with the idea of an effective adversarial principle. Moreover, when the judge exteriorizes this decision, puts himself in order to anticipate the valuation of the evidence for the time of determination of its admissibility. To overcome the problem, was adopted an epistemogical concept of evidence, the need delineation between the admissibility and valuation, and, finally, the need of observing the evidence’s relevance as an objective standart for its entry in the records.