Iniciativa probatória judicial: uma análise crítica das premissas teóricas do modelo publicista de participação do juiz na fase probatória do processo

Abstract

This work aims at discussing the three main theoretical premises concerning the active role of a judge during the evidentiary phase of a judicial proceeding. This model is understood as the one in which the judge is allowed to investigate facts submitted by the parties by means of ordering ex officio evidence. We, thus, study how the material truth in the proceedings, equality of the parties, as well as the impartiality of the judge are dealt with in such model. The purpose of the work, as can be seen, is not to identify the most efficient regime, but to critically analyze the premises which provide theorical background to the regime currently in force in continental Europe and Latin America, in order to conclude whether such regime is properly supported from a theoretical perspective or not.