FERREIRA, D. P.; http://lattes.cnpq.br/5772611508068833; FERREIRA, Deusimar Pires.
Resumen:
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.