A análise constitucional da prova à luz do atual processo civil brasileiro

Abstract

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.