Inversão do ônus da prova no código de defesa do consumidor- CDC.

Abstract

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.