Convencimento e verdade nos processos judiciais
In this article we will analyze the purpose of the trial in judicial proceedings and try to reflect if the procedural actors reduce their design to the conviction of the judge about the narratives that are told by the parties. Nowadays, being widely recognized the difficulties of discovering the so-...
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| Format: | Article |
| Language: | Portuguese |
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2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7085875 |
| Source: | Revista de Direito, ISSN 2527-0389, Vol. 10, Nº. 2, 2018, pags. 343-371 |
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| Summary: |
In this article we will analyze the purpose of the trial in judicial proceedings and try to reflect if the procedural actors reduce their design to the conviction of the judge about the narratives that are told by the parties. Nowadays, being widely recognized the difficulties of discovering the so-called "material truth", it seems that the objective of the process departs from it, focusing mainly on the narrative that involves the process. However, considering all the factors that govern judicial activity, we believe that the truth that comes in the proceedings will not be very far from the “truth” and probably the causes will go more by the demands and limitations of proof than by the narrative offered by the parties. |
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