Atividade probatória judicial: uma análise crítica sobre os poderes instrutórios do juiz

Abstract

The judge's role in the process is the subject of numerous discussions, especially regarding his participation in the law of evidence. According to the publicist conception, the judge must produce evidence without restriction, since the proceedings concern not only the parties, but also the State. On the other hand, the privatista defend a contained action of the judicial organ, because it is the duty of the parties to instruct the process with the necessary material to confirm their allegations. In this context, the present study aims to provoke a discussion about the proof of office in the light of the formalism-value, current theoretical framework of the Brazilian civil process. It is concluded that, despite the complexities of the subject, in order to overcome the discourse of Manichean character, the performance of the judge must always be based on the values of justice, equality, participation, effectiveness and security.