REFLECTIONS ABOUT THE SCIENTIFIC PROOF IN BRAZILIAN CIVIL PROCESS

Abstract

The purpose of this paper is to discuss the relationship between science and the process, especially in the field of evidentiary law, using the scientific evidence as the guiding principle. In order to remedy these concerns, this research is methodologically based on a review of specialized literature on the subject, characterizing it as a qualitative research. Taking for granted the absence of exaggerated regulation about this theme in CPC/15, in its initial part, through a historical bias, the origin of the infallibility of the scientific conclusions, elementary to the current scenario of regulation, is sought. Soon after, for having discussions about the theme going back to the 20’s of the last century, there will be a brief incursion into the scene of scientific proof in the US context. In the end, from the lessons learned previously, attempts will be made to solve the problems related to the relationship between law and science. Finally, it is concluded that the lack of scientific evidence control mechanisms in the Brazilian civil process allows the entry of pseudoscience / bad science of judicial cognition, impacting the final outcome of the process.

Keywords

• civil procedure
• probative law
• epistemology
• scientific proof