THE PREVALENCE OF LEGAL CERTAINTY WITHIN THE SCOPE OF FAIR TRIAL: POSSIBILITY OF MITIGATION OF PRECLUSION IN FAVOR OF THE FUNDAMENTAL RIGHT TO PROOF

THE PREVALENCE OF LEGAL CERTAINTY WITHIN THE SCOPE OF FAIR TRIAL: POSSIBILITY OF MITIGATION OF PRECLUSION IN FAVOR OF THE FUNDAMENTAL RIGHT TO PROOF

The purpose of this study is to examine the constitutional status of the right to proof, as well as its prevalence in relation to infra-constitutional legislation, especially in view of the procedural norms of preclusion. It is intended to demonstrate that, through mitigation of the application of t...

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Bibliographic Details
Main Authors: Fernando Rubin, Gustavo Mascarello Silva
Format: Article
Language:English
Published: Universidade do Estado do Rio de Janeiro 2017-12-01
Series:Revista Eletrônica de Direito Processual
Subjects:
contradictory
effectiveness
fair trial
fundamental right to proof
full defense
legal certainty
preclusion
fair process
Online Access:https://www.e-publicacoes.uerj.br/index.php/redp/article/view/31691/22422
Description
Summary:The purpose of this study is to examine the constitutional status of the right to proof, as well as its prevalence in relation to infra-constitutional legislation, especially in view of the procedural norms of preclusion. It is intended to demonstrate that, through mitigation of the application of the preclusive institute, the process becomes more effective and secure, guaranteeing, in the end, a decision of merit that translates the best sense of justice.
ISSN:1982-7636

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