Burden of proof on civil procedure law and its application and inversion in the administrative process

Abstract

With the elaboration of this article, it is expected to contribute to the discussion and reflection on the burden of proof of Brazilian civil procedural law and its application in the administrative process, including the possibility of its inversion. This will be dealt with in the development of the article, which will use the deductive method, based on bibliographic and exploratory research, and on the examination of constitutional and legal texts, having as a theoretical framework the constitutional model of process. After the study, it can be inferred that in the Brazilian legal system, the existence of the constitutional right to proof, as a result of the fundamental rights of contradictory and ample defense, was enshrined in the Constitution of the Federative Republic of Brazil, in its art. 5th, Inc. LV (BRAZIL, 1988). In the same sense, the right to proof, also not explained, is one of the guarantees inherent to due process of law, since there is no due process of law without the interested party being able to exhaust its right of defense with the production of the necessary evidence to prove it. of the alleged facts. Therefore, in light of these considerations, proof means demonstrating the allegations made by each of the parties, whether in the judicial process or in the administrative process.