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Field os study: Civil procedure.  Objetive: this work presents some considerations about the analysis of the questions of fact, the existence of a model of verification of these facts, in coexistence with a model of incumbency of who proves, thinking, in the end, in the role of the pretrial dec...

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Bibliographic Details
Main Author: Sena Gomes de Moraes, Vinicius
Format: Online
Language:Português
Published: TJDFT 2024
Subjects:
Online Access:https://revistajuridica.tjdft.jus.br/rdj/article/view/934
Description
Summary:Field os study: Civil procedure.  Objetive: this work presents some considerations about the analysis of the questions of fact, the existence of a model of verification of these facts, in coexistence with a model of incumbency of who proves, thinking, in the end, in the role of the pretrial decision in the aspect of organization of the process as a possible catalyst for the functionalization of efficiency, contradictory and legal security through the standards of proof. Method: the premises of the article were developed under the light of the dogmatic method, consulting specialized legal literature, in order to proceed and explore some aspects of the role of the pretrial decision. Conclusion: in this context, we look for a theory that helps us to identify when or under what conditions the available elements of judgment are sufficient for it to be considered rational to accept a proposition as proven in the context of decisional reasoning is becoming more and more apparent.
ISSN:2675-9640
DOI:10.22477/rdj.v115i00.934