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REFLECTIONS ABOUT THE SCIENTIFIC PROOF IN BRAZILIAN CIVIL PROCESS

Authors: Rafael Alves de Luna; José Mário Wanderley Gomes Neto; Gabriela Suele Carneiro de Oliveira;

REFLECTIONS ABOUT THE SCIENTIFIC PROOF IN BRAZILIAN CIVIL PROCESS

Abstract

The purpose of this paper is to discuss the relationship between science and the process, especially in the field of evidentiary law, using the scientific evidence as the guiding principle. In order to remedy these concerns, this research is methodologically based on a review of specialized literature on the subject, characterizing it as a qualitative research. Taking for granted the absence of exaggerated regulation about this theme in CPC/15, in its initial part, through a historical bias, the origin of the infallibility of the scientific conclusions, elementary to the current scenario of regulation, is sought. Soon after, for having discussions about the theme going back to the 20’s of the last century, there will be a brief incursion into the scene of scientific proof in the US context. In the end, from the lessons learned previously, attempts will be made to solve the problems related to the relationship between law and science. Finally, it is concluded that the lack of scientific evidence control mechanisms in the Brazilian civil process allows the entry of pseudoscience / bad science of judicial cognition, impacting the final outcome of the process.

Keywords

Law in general. Comparative and uniform law. Jurisprudence, epistemology, civil procedure, probative law, K1-7720, scientific proof

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold