A incorporação das tecnologias pós-contemporâneas à prova no direito processual civil brasileiro.

Abstract

The study aims to adress the theory of evidence in the scope of the brazilian civil procedural law, studying the evidence and its concept, sources, principles, classification, goal, recipient and valuation. It is also studied the institute of dynamics of the evidentiary burden, as well the in-kind evidence provided in the current Code of Civil Procedure which are: notarial minutes, documentary evidence, personal testimony, document display or thing, testimonial evidence, electronic documents, expert evidence and judicial inspection. Finally, the present study brings meanings about the electronic procedural acts, with the analysis of the evidence produced by videos, non-face testimony and through other technological means, such as social networks, the so-called post-contemporary evidential means, indicating the paths that the magistrate must follow to avoid making mistakes. The research method applied was the deductive, with consultation of doctrine and jurisprudence. The main controversial issue was to seek the solution on how to combine the use of technology with evidence in civil procedural law, reaching the conclusion that the best way forward is the magistrate investigate each evidence critically, its authenticity and procedural validity.