masterThesis
A análise constitucional da prova à luz do atual processo civil brasileiro
Fecha
2016-04-12Registro en:
GOMES, Thereza Cristina Costa Rocha. A análise constitucional da prova à luz do atual processo civil brasileiro. 2016. 110f. Dissertação (Mestrado em Direito) - Centro de Ciências Sociais Aplicadas, Universidade Federal do Rio Grande do Norte, Natal, 2016.
Autor
Gomes, Thereza Cristina Costa Rocha
Resumen
This work has the north constitutional analysis of the evidence in accordance
with the new establishment of rules of the Civil Procedure Code. Through this
approach, launching a look at an issue that is extremely important, especially
when you take into account the delivery of a fair adjudication and guided by
constitutional guarantees of the democratic rule of law. The study of the
evidence reveals concern about the conduct of an activity in which due process
is applied to all its purity and integrity, both with the observance of the
contradictory, both the reasonable length of proceedings, which are effectively
the greatest desires of society. The magistrate fulfills the duty to consider the
evidence brought before the Court, such an analysis reflecting the motivated
judgement of the complaint. For that, one has to be worth a discursive
instrumental marked by essential logic stiffness. Given the importance of the
institute must, for imperative, analyzes it in the light of the guiding assumptions
of the democratic state, in which the arguments and evidence that is intended to
embody this argument be included in the evidentiary framework of the case.
The procedure is the instrument made available for the implementation of the
constitutional guarantee of the due process, based on due process. For the
achievement of this task, the recipient of the evidence needs elements for
formation of his conviction that will lead to dispute the composition of which was
put him appreciation.