TITLE:
The Methodological Phases of Civil Procedure and Their Impact on the Evidentiary System: A Comparative Analysis
AUTHORS:
Augusto Passamani Bufulin, Aylton Bonomo Júnior
KEYWORDS:
Process, Methodological Phases, Evidential Systems
JOURNAL NAME:
Beijing Law Review,
Vol.15 No.3,
September
30,
2024
ABSTRACT: The purpose of this paper is to draw a parallel between the methodological phases of the process and the evidential systems, emphasizing the current phase of formalism-valorative, and describing the influence of this methodological phase on the evidential system. It will argue in favor of the judge’s duty to refer evidence to the parties, in the light of the cooperative model, which is an advance on the classic model (adversarial system) and the modern model (inquisitorial system) of evidentiary initiative.