“Evidence and its Valuation as an Element of Protection of People in Vulnerable Conditions”

• DOI: 10.22533/at.ed.2163332307121

• Palavras-chave: Proof – Truth - Vulnerability – Valuation - Autopoiesis

• Keywords: Proof – Truth - Vulnerability – Valuation - Autopoiesis

• Abstract:

  The work has a perspective on the need to revisit the classic rules for applying the burden of proof, especially given the social moment in the post-modern era, that is, under the precept of a referential author society, within a perspective methodological approach to protecting people in vulnerable conditions. The object is based on an analysis of the concept of autopoiesis found in Michel Foucault and its possibility of application in evidentiary theory, with the purpose of a more existential judicial process, with respect to responsibility for the other, valuing the evidence with greater adequacy to the violation in itself, as well as the necessary standard of discharging that original burden, bringing an effective possibility of stabilization and adequate response to the effects of a historical and social imbalance, with direct repercussions on judicial decisions.