A inversão do ônus da prova nas relações de consumo e o momento oportuno para a sua aplicação.

Abstract

The institute of reverse burden of proof constitutes an effective tool for consumer protection in court, when their claims were verisimilar or insufficient. This institute was created with the goal of ensuring the balance of consumption relation in the face of consumer vulnerability, being made possible reversal when legal requirements of verisimilitude of the claim or an insufficient condition of the consumer are found, left to the judge's discretion to analyze these assumptions, not establishing, the legislator, in which procedural stage the magistrate shall proceed with the verification and application of reversing the burden of evidence, this moment, that is generating doctrinal and jurisprudential differences. The overall objective of this study is to understand consumer relations against procedural mechanisms of consumer's protect. The specific objectives are: to analyze the fundamental principles and effectiveness of compliance with constitutional guarantees in consumer relations; to study the evidence and assumptions of its inversion and application to avoid the imbalance in consumption relationship and identify in which procedural time, based on constitutional principles, the court shall apply the principle of reverse burden of proof in favor of the consumer. With a view to achieving the objectives outlined in this study will be used a deductive approach method, so that the study will begun in the laws and more comprehensive doctrines and later converge on the above theme. Method monograph procedure will be further used, since the study is delimited to a specific theme in all its aspects. The research technique to be employed will be indirectly through laws, doctrines, jurisprudence, scientific articles and websites documentation. With this study, we arrive at the conclusion that the right procedural moment to reverse the burden of proof is on the curative act, the period preceding the trial phase to the decision that the heals done.