Evidence and its Assessment as an Element of Protection for People in Vulnerable Condition

• DOI: https://doi.org/10.22533/at.ed.2164172419084

• Palavras-chave: Evidence; Truth; Vulnerability; Valuation; Autopoiesis.

• Keywords: Evidence; Truth; Vulnerability; Valuation; Autopoiesis.

• Abstract:

  This paper presents a perspective on the need to revisit the classic rules for applying the burden of proof, especially in the social context of the postmodern era, that is, under the precept of a self-referential society, within a methodological perspective of protecting people in vulnerable conditions. The object is an analysis of the concept of autopoiesis found in Michel Foucault and its possible 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 itself, as well as the necessary standard for discharging that original burden, bringing an effective possibility of stabilization and an adequate response to the effects of a historical and social imbalance, with direct repercussions on judicial decisions.