A DISTRIBUIÇÃO DINÂMICA DO ÔNUS DA PROVA

Abstract

The present work had the purpose of analyzing the theory of the dynamic distribution of the burden of proof, innovation brought by the Code of Civil Procedure of 2015. The theory of dynamization of the burden of proof allows the static rule to be transformed into something more dynamic, allowing to redistribute the Onus for those who can best conditions prove the fact. The rule came to give greater effectiveness to constitutional guarantees that was trivialized day by day, according to the concrete case, by the application of the static rule. Initially, the constitutional principles applicable to civil procedure, such as due process of law, adversarial proceedings, access to justice and others, were addressed. Later on, the right to produce evidence and its burden was discussed. Finally, we analyzed the static theories and dynamics of the burden of proof - here it has been demonstrated, its requirements, the reasons for the change, and its emergence. The study was based on bibliographical research, carried out through doctrines, dissertations and jurisprudence.