THE DYNAMIC DISTRIBUTION OF THE BURDEN OF PROOF ON THE CODE OF CIVIL PROCEDURE AND ITS APPLICATION IN THE STATE COURTS IN THE LIGHT OF DAM (DECISION ANALYSIS METHODOLOGY)

Abstract

The present work brings an analysis about the Dynamic Distribution of the burden of proof implemented by the New Code of Civil Procedure. As the novelty implemented by said code is a matter of salutary importance related to the construction of jurisdictional determinations in a democratic process scenario, we propose, therefore, to study such a theory, as well as how it is applied in the Courts of Justice of Bahia and Minas Gerais. This article is based on a bibliographical review on the theory of the dynamic distribution of the burden of proof based on scientific articles, books and academic works of notable relevance to the subject, as well as with the jurisprudential analysis of the Court of Justice of Bahia and Minas Gerais.

Keywords

• dynamic burden theory
• consumer inversion
• democratic process
• burden of proof