Burden of proof as access to justice: a (re) defining the light of new cpc?

Abstract

The work investigates the foundations of the legal definition of evidential burden, without giving up the premise that evidence includes ensuring access to justice. From the proof of concept, permeates the bases used throughout the history of the process to define its purpose, usefulness and validity, concluding with the appropriate adoption from the perspective of a democratic process, the evidential burden and necessary distribution between the parties. Facing the new CPC, is entered in the adoption in document display headquarters or something, of mandamentais commands that can reverse the evidential system, implying an undue duty to prove.

Keywords

• Acesso à Justiça
• Ônus da prova
• Comandos mandamentais
• Prova e acesso à justiça
• Novo Código de Processo Civil.