“Prova e sua Valoração como Elemento de Proteção de Pessoas em Condição de Vulnerabilidade”

• DOI: https://doi.org/10.22533/at.ed.4252422102

• Palavras-chave: Prova – Verdade - Vulnerabilidade – Valoração - Autopoiesis

• Keywords: – True – Vulnerability – Valuation – Autopoiesis

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