TITLE:
Scientific Evidence and Its Challenges in the Brazilian Legal System
AUTHORS:
Patricia Miranda Pizzol, Guilherme Andrade Zauli
KEYWORDS:
Evidence, Code of Civil Procedure, Scientific Evidence, Expert Reports, Artificial Intelligence, Human Dignity
JOURNAL NAME:
Beijing Law Review,
Vol.15 No.4,
December
30,
2024
ABSTRACT: This article analyzes the growing relevance of scientific evidence in Brazilian civil procedure, with emphasis on the role of the judge as the ultimate recipient of the evidence and the pursuit of the factual truth. The work addresses the technical complexity surrounding this type of evidence, such as expert reports, highlighting the judge’s responsibility to properly interpret the data presented, always in observance of the principle of human dignity. The interaction between judges and experts, the principle of free evaluation of evidence, and the new challenges posed by the use of artificial intelligence and digital evidence in the judicial sphere are also discussed. It concludes that, although scientific evidence stands out as a fundamental tool for building a fair and well-reasoned decision, its application demands rigor in evaluation and necessary precautions to avoid injustices and ensure the protection of the fundamental rights of the parties involved.