A inversão do ônus da prova do código de defesa do consumidor e sua aplicação nas ações revisionais dos contratos bancários.

Abstract

In the attempt of understanding the consumption relationships, it is aimed at with that research to identify and to crumble the main aspects and problems related with the inversion of the obligation of the proof in the Code of Defense of the Consumer in the actions of revision of the bank contracts. It acts in face one analyzes of the theme where it is noticed an opinion pacification would indoctrinate and jurisprudencial as of the application of this institute. The subject will be study with base in the article 6th, VIII and article 38, both foreseen in the law consumerista. The first refers to the judicial inversion of the obligation of the proof and he/she will have applicability when, to the judge's criterion and in the ordinary rules of experience, to happen the hypotheses of verisimilitude of the consumer's allegation or hipossuficiencia of the same. Already the second, he/she treats of the legal inversion of the obligation of the proof, since the own law attributes to the responsible supplier for the communication or advertising information that the same is correct or truthful, in the search of containing the advertising commercial practices considered abusive and deceiving. Verifying the width of the theme, the research if delinha the application of the inversion of the obligation of the proof in the actions of revision of the bank contracts basing on the relationships of existent consumption between the customer-consumer and the bank-supplier. Through the use of the method of bibliographical research of doctrines, laws and jurisprudences it is observed that the inversion of the obligation of the proof is a right due to the beginning of the consumer's vulnerability in the consumption relationships and of the constitutional beginning of the isonomia, that looks for to give a material and procedural equality to those that are economical and technically unequal.