Aspectos Da Inversão Do Ônus Da Prova No Código Do Consumidor (Shifting the Burden of Proof in Consumer Litigation) [Portuguese]

Abstract

The Brazilian Consumer Protection Code is one of the most advanced in the world. Among its most important innovations, article 6, VIII allows the court to shift the burden of proof whenever the claimant is at disadvantage and the allegations are credible. Its objective is to place unequal parties in a position of equality. This makes a lot of sense, especially in a system with no possibility of obtaining discovery.

The rule is written in broad terms and prone to controversy. This paper deals with several of them, including why, how, and when the judge can (and cannot) shift the burden of proof in favor of the consumer.

Note: Downloadable document is in Spanish

Keywords: Comparative Law, Comparative Civil Procedure, burden of proof, burden shift, Brazil

JEL Classification: K33