Processo Civil Democrático: ativismo judicial frente às provas

Abstract

The present work aims to examine the judicial activism during the evidentiary phase of the process, from the perspective of the Constitution of the Federative Republic of Brazil 1988 (Constituição da República Federativa do Brasil de 1988) – CRFB –, controversial issue in civil procedural law. The objective is to elucidate, therefore, as the activist judge’s posture can contribute to the realization of democratic civil procedure regarding the determination of evidentiary and its motivated conviction. In order to achieve the proposed objective analysis of legal texts and works of various authors, national and international have been made, being able to complete that a constitutionalized process legitimizes the search for the real truth. From this assumption, it is required the judge a more expressive form of action, according to the democratic conduct of the process and always supported the procedural principles, in order to build together with the parties a decision that is fair and useful. Thus, it is clear, also, that the judicial activism, similar treaties in the article, can be a clever mechanism to truly democratic process and its primary scope suppress evidentiary deficiencies, without violating the impartiality, achieving a closer result of objective reality.