New possibilities of evidence and the distribution of the burden of proof

• Grant number: 13/06237-2
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: June 01, 2013
• End date: January 31, 2014
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Susana Henriques da Costa
• Grantee: Jade Luíza Pizzo
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

The study has the purpose to investigate the impact of technological advances in the distribution of the burden of proof in civil procedural law in Brazil. The theme of the distribution of the evidential burden has developed with the constant doctrinal discussions. It has changed from a fully privatized vision to a more public focus, followed by new laws such as the Code of Defense of the Consumer from 1990 (Act 8078 of 1990). However, legal scholars still disagree about the very concept and function of proof and the distribution of its burden. The technical-scientific improvement has brought great changes to the proof, changing its form of production and its measure of certainty. The distribution of knowledge and access to technology and information are not always isonomic. Often the only or the best way to prove is connected to a technical-scientific knowledge that only one party holds. Therefore, it is needed a new view over the rules about the distribution of the burden of proof, adapting the old interpretations with the difficulties brought about by the current scenario. (AU)