Burden of proof in the context of consumer relations

a procedural moment for reversing the provisional burden

Abstract

The present work aims to study the institute of inversion of the burden of proof, notably, the appropriate moment for application of this device in the demands that involve legal consumer relations. To this end, the research addresses concepts and characteristics pertaining to consumer law and evidential activity in civil proceedings. It seeks to expose the different doctrinal and jurisprudential positions on the issue at hand, with a view to instilling debates regarding the controversial theme, which depends on the rule of law. Regarding the methodology, deductive, bibliographic and documentary methods were used, encompassing research in laws, doctrines and jurisprudence alluding to the topic addressed. Based on the analyzes developed, it appears that the reversal of the burden of proof must be assessed in the process of cleaning up the process, so that none of the litigating parties will be harmed by hasty or late judicial decisions. The present study is, in fact, relevant, since it is willing to contribute to the pacification of the matter, through rectifications in the legal provisions, in order to favor both the consumer and the operators of the law.