Dynamic allocation of the burden of proof in the project code of civil procedure: analysis front of the constitucionalization of process

• Grant number: 12/08943-9
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: July 01, 2012
• End date: June 30, 2013
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Nelson Nery Junior
• Grantee: Pedro Henrique Ricco Verzemiassi
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

This project aims to discuss the realization of the correct model of civil procedure by the federal constitution positivised. From the perspective of the constitutionalization of process, is intended to analyze the changes introduced by the Project of the Code of Civil Procedure (PL 8.046/2010), specifically those that relate to the system of dynamic allocation of burden of proof. It is intended to research which constitutional principles will in fact happen with the insertion of the dynamic allocation of burden of proof, later to discuss whether this innovation proposed by PL will serve both the purposes and constitutional guarantees collimated by the principle synthesis of due process of law. It is the fundamental Law of the community, establishes purposes to be pursued across the Brazilian normativity, and in this context that civil procedure should be studied. Thus, the Brazilian justice system is the target of some criticism for being slow, expensive and inefficient. Dissatisfaction with the judicial system is gaining ground in academic debates. To combat this crisis, a new Code of Civil Procedure was proposed, aiming to suit all desires to the constitutional court system, seeking judicial assistance that meets the aspirations of its people. In that sense changes were made in the discipline of the burden of proof, trying to adapt the procedure to the peculiarities of each case and make the process more effective and consistent with reality. Presents itself, finally, the purpose of justifying work, if innovations in PL, specifically in the dynamic allocation of burden of proof, will conducting the democratic rule of Law in the practice of civil procedure.