BURDEN OF PROOF IN CONSTITUTIONAL PROCESS UNDER CONSIDERATION OF DEMOCRATIC STATE

Abstract

Under the aegis of the democratic rule of law, the contradictory it appears as a fundamental premise of constitutionalised process. In this view, the contradictory, more than just right party to exercise its right of defense, it should be seen as a form of compartipação in the process, allowing the parties to the probative production as an effective influence on acertamento right. Thus, it should be disproved the right mitigation attempts contradictory in the evidentiary phase and imposing aside the need to produce proof impossible or difficult to perform, under penalty of offending the process understood in the modern normative framework.

Keywords

• burden of proof
• inversion
• dynamic distribution of the burden of proof
• constitutional process
• process in a democratic state