DYNAMIC DISTRIBUTION OF PROOF (INTERPRETATION OF THE ARTICLE 373, § 1, CPC / 2015)

Abstract

The present study addresses the dynamic distribution of the burden of proof by the new Code of Civil Procedure to ensure the constitutional guarantee of adequate and effective judicial protection. It was observed that the constitutional aspect of proof, analyzes the evidential burden and their distribution, with emphasis on the interpretation of Article 373, paragraph 1, of the Code of Civil Procedure.

Keywords

• burden of proof
• proof distribution
• dynamic distribution
• inversion of liens
• judicial protection