BARROS, A. A.; BARROS, Alysson de Abreu.
Résumé:
This work has as an objective the analysis of the institute of the prove, which is
used as a mean of presumption of the magistrate to the soiution of conflicts. Th e
study starts with a brief historical approach, which includes since its origin until its
present application, showing that the prove received the infiuence of the religion
and the Roman, Portuguese and Brazilian Rights. It comments the duty of
motivation in the judicial decisions, where the Constitution of 1988 permitted that
the control over the jurisdictional activity was performed for all the society, not only
for parts of it. Th e conceit of the prove, as all the elements which are taken to the
judge, serves to help in the formation of his/her presumption; the classification of
“Malatesta” is divided into three criteria: object, subject, and form of the prove.
Related to the nature of the norms over the prove, there is a polemic in our
juridical system, because the prove is disciplined either by material or of law-suit
laws of the Law, and the objective of the prove, according to the doctrine, are the
relevant, pertinent, controversial and precise facts which must be proved; the onus
has the idea of burden and not of obligation; the evaluation of the prove, is due to
the judge, as the addressee, to judge the existence or veracity of the facts; it also
talks about the lent prove and about the role of the judge in the production of it; it
approaches the special insured, an individual who exerts rural activity or in
regimen of familiar economy, with the aid of other people or with the help of
relatives; it talks about the proves of the providence ones of the Law where the
Major Law says that every worker deserves the rest, specifically, that o n # w h o
exerted rural activity during long years of life, and discourses about the writtén and
documentary proves, and the testimonial one.
