The reversal of the burden of proof in sentencing in the light of the Specialised Courts
A finding of affront to the principle of a broad defence in the reversal that took place at the time of sentencing
- 64pages
- 3 heures de lecture
Focusing on the procedural timing of the burden of proof reversal, this research evaluates its correct application to uphold the principle of broad defense and ensure equality in consumer legal relationships. It highlights the potential risks of imbalance depending on when the reversal is applied. Utilizing both direct and indirect documentation, the study analyzes decisions from the 2nd Mixed Special Court in Sousa-PB and includes insights from a questionnaire completed by a magistrate, revealing frequent application yet acknowledging suboptimal timing in rulings.
