NICOLAU, A. M.; http://lattes.cnpq.br/2965162670906647; NICOLAU, Alex Martins.
Résumé:
The present work has for mark the study of the inversion of the obligation of the
proof in the Code of Defense of the Consumer. This institute consumerista brought
for the Brazilian right a change in the axis of the responsibility - beginning
norteador of the responsibility aims at. The Law 8.078/90 created that mechanism
so that, being the consumer hipossuficiente in relation to the technical knowledge
of the product or of the service installment, and possessing him probable
allegations, the magistrate can determine the inversion. The inversion ope judicis,
foreseen in the Code of Defense of the Consumer, no if atem to the categorical
hypotheses verified by law force. The Code of Defense of the Consumer foresees
the Judge's possibility to invert that obligation, when he/she judges reasonable,
since presents the necessary presuppositions for the application of that measured.
In the present work, he/she is the explanation on the consumer's right, in the first
chapter, with their general aspects, the consumer's process, and the procedural
moment and adaptation to the constitutional and procedural beginnings, in general
for a better understanding of the explained in the subsequent chapters. In the
second chapter we will speak about the obligation of the proof in the consumption
relationships, pointing out their considerations and basic concepts, and still,
specifying more the study of the proofs in the consumption relationships, the
obligation of the proof and of the inversion of the obligation of the proof in the
consumption relationships, this last in an introductory way. Finally, we will speak in
the third chapter of the inversion of the obligation of the proof in the consumer's
right, his/her legal forecast, their requirements, the procedural expenses, the ideal
moment for the inversion of the obligation of the proof practiced by the magistrate,
when such reasonable or necessary measure, as well as the final considerations.