Clipping of news on Brazilian Culture, Law and Citizenship
01.25.2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
transparent image
Posted by Superior Court - 16 minutes ago
The Superior Court of Justice (STJ) have pacified the understanding that, in consumer relations, the responsibility for the costs of expert evidence is the plaintiff. By analyzing cases recent, the court held that, even where it is for the defendant to prove his defense (reversal of burden of proof), we can not force him to bear the costs arising from evidence expert requested by the plaintiff.
This understanding applies to lawsuits filed, for example, to discuss divergence between consumers and stores selling cell phones, cars and vacation packages.
The ministers of the Fourth Chamber decided that "when verified the relationship of consumption prevails that the effects of the reversal of the burden of proof does not have the power to compel the other party to bear the costs of proof required by the consumer."
In the analysis of another resource, the ministers decided that "the expert evidence given by the court was requested by the consumer, and therefore it is the tax burden to bear the expense, as understanding already pacified this Superior Court."
Recent court decisions on this issue were provided by search Ready, online tool from the Supreme Court set up to facilitate the work of those who want to know the minds of ministers in similar trials.
The theme Responsibility for the costs of expert evidence in cases of reverse burden of proof contains 53 judgments, decisions already made by a joint committee of ministers of the tribunal.
However, despite the defendant not be responsible for the cost of expert evidence by failing to afford its production, it can be assumed true the charges attributed to him. "Choosing the defendant not to anticipate the expert fees, assume will be true the allegations of the author", the ministers decided the Second Panel to analyze resource.
Reversal of the burden of proof
According to Article 6, section VIII, of the Consumer Protection Code (n.8.078 Act of September 11, 1990) are basic consumer rights, among others, the facilitation of defending their rights, including the reversal of the burden of proof in his favor in the civil proceedings when the judge's discretion, the allegation is probable or when it is a disadvantage (person unable to bear the legal costs), according to the ordinary rules of experience.
Ready research
The tool provides consultations readily available research on relevant legal topics as well as the judgments of trial of notorious cases.
Although the search criteria are predefined, the search for documents is made in real time, which enables the results supplied are always updated.
The Ready Search is permanently available on the website of the Supreme Court. Just log Jurisprudence> Search Ready, on the homepage of the site from the main navigation menu.
Source: JusBrasil
Our news are taken in full of our partner sites. For this reason, we can not change their content even in cases of typographical errors.
transparent image
This article was translated by an automatic translation system, and was therefore not reviewed by people.