Distribuição dinâmica do ônus da prova e as ações revisionais de alimentos

Abstract

The objective of this dissertation is to study the application of the Dynamic Theory of the Burden of Proof in the revisionals of alimonies actions that plead an increased on the value of the pension quantum and its repercussions, after the advent of the Code of Civil Procedure (2015). The theme was elaborated because of the inadequacy of the general static burden of proof in face of the peculiarities existent in family law demands and especially in the alimony actions. In order to do so, it will analyze the institute of the burden of proof, its main characteristics and the distribution theories. Then, it will focus on the application of the burden on the alimony actions, with attention to the actions that plead the increased of the pension, examining the use of each theory under the prism of the fundamental and constitucional rights and the repercussion of the dinamic burden of proof in this action as a guarantee of a fair and effective process.