The assumptions in Procedural Law

Abstract

This study aims to examine the assumptions in Brazilian civil procedure, analyzing its concept, nature (proof or not) and classification. With that, we hope to apprehend, at least generally, the essential elements that outline the object of the research. During the process, we are going to confront the assumption with some related institutes, such as, proof, evidence, fiction and burden of proof. In attention to the modest limits of this study, we did not address specifically each of the legal assumptions brought by the Civil Procedure Code. We seek, instead, to investigate a kind of general theory of assumptions. The proposed analysis methodology consists of bibliographic research of national and foreign literature