The distribution of the burden of proof on consumer rights and the role of the judge in the cooperative process: in seek of access to justice

Abstract

This study aimed to make a study of the distribution of the burden of proof in Consumer Law, commenting on the judge's role in the reversal of the evidentiary burden, under the focus of the cooperative process. The issue of research revolved around the difficulties faced by consumers in proof of their claims in court and within the limits of the active role of the right of the applicator within the procedural cooperation. Finally, made an approach about the reversal of the burden of proof in cases of consumption, at which observations were made on access to justice and the cooperative process aimed at the consumer right. It was highlighted the role of the judge in consolidation consumer rights, with the background modern of principles of procedural collaboration and the pursuit of fair and effective decision. In order to reach the objective of the study, the hipothetic-deductive method was used, as well as electronic and bibliographic research resources.