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Book Aspectos Da Invers  o Do   nus Da Prova No C  digo Do Consumidor  Shifting the Burden of Proof in Consumer Litigation   Portuguese

Download or read book Aspectos Da Invers o Do nus Da Prova No C digo Do Consumidor Shifting the Burden of Proof in Consumer Litigation Portuguese written by Antonio Gidi and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brazilian Consumer Protection Code is one of the most advanced in the world. Among its most important innovations, article 6, VIII allows the court to shift the burden of proof whenever the claimant is at disadvantage and the allegations are credible. Its objective is to place unequal parties in a position of equality. This makes a lot of sense, especially in a system with no possibility of obtaining discovery. The rule is written in broad terms and prone to controversy. This paper deals with several of them, including why, how, and when the judge can (and cannot) shift the burden of proof in favor of the consumer.