Dias, Francisco BarrosMenezes, Bruno Bezerra2020-12-092023-03-072020-12-092023-03-072019-05-30MENEZES, Bruno Bezerra. Julgamento sem mérito: a prova como elemento material ou formal no processo civil. 2019. 34 f. Monografia (Graduação em Direito) - Departamento de Direito, Centro de Ciências Sociais Aplicadas, Universidade Federal do Rio Grande do Norte, Natal, 2019.https://repositorio.ufrn.br/handle/123456789/51617Due to the number of pending proceedings in the country's judiciary these days, a number of defensive case-law mechanisms have been created to avoid filing of lawsuits or to terminate lawsuits in motion. In the name of legal security, an expensive value for democracy, there are lawsuits terminated with material res judicata, which, in many cases, ends up being na obstacle to the realization of justice. The present work argues that in one of these situations, the judgment of a lawsuit whose claims are dismissed for lack of evidence, the judgment should be carried out without solving the merits, forming only formal res judicata. This hypothesis is already used in the Collective Process, in which art. 16 of Law 7.347/85 and art. 103 of Consumer Protection Code is applied. Based on this postulate, it is proposed, therefore, as a way to improve access to justice, its application in the scope of individual Civil Procedure. A bibliographical review was made to discuss the legal nature of the evidence in the Civil Procedure, that is, its role in the lawsuit. The proposal is to treat it as form rather than matter, being a formative element of the action, in this way, constituting its lack in a formal, not a material defect. The study therefore focuses essentially on the discussion of what is evidence, starting the debate on its legal nature, in order to ensure access to justice as a Fundamental Right from a procedural point of view. It was concluded that, in the case of a judgement whose claims were dismissed for lack of evidence, only formal res judicata must be formed, in respect to the principle of access to justice and for systemic coherence, because of the way the Law handles the Public Civil Action, thus, the filing of a new lawsuit with new evidence must be allowed.JulgamentoNaturezaJurídicaProvaJudgmentNatureLegalEvidencebachelorThesis