The probative initiative of the judge within the ambit of the civil process’ instrumentality

Abstract

The present work aims to analyze the institute of the proof in the civil process and deepen the study about the judge’s participation in its determination and production. It analyzes numerous doctrinal opinions about this topic and also the procedural and constitutional principles referring to the participation of procedural subjects in the production of proof such as the dispositive principle, the contradictory, the procedural equality, the impartiality and the rules about the burden of proof. With the reformulation of these principles, as from a publicist view of the process, the work concludes for the possibility of an effective participation not only of the parties, but also the judge. Keywords: process, instrumentality, principles, judge, proof