Presumption of veracity of the statement of insufficiency of financial resources and gratuitous procedure Presunção de veracidade da afirmação de insuficiência de recursos e gratuidade processual
Tipo
Artigo
Data de publicação
2019
Periódico
Civilistica.com
Citações (Scopus)
0
Autores
Tartuce F.
Coelho C.S.G.
Coelho C.S.G.
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© 2019 Revista Civilistica. All rights reserved.The Federal Constitution recognizes the right to full legal assistance - that is, free legal assistance, free legal aid and gratuitous procedure - to those who prove insufficient resources. The civil procedural system in force, in turn, determines the presumption of veracity of the statement of insufficiency of financial resources made in the records, nevertheless determines that the judge may reject the request, as long as there are grounds for doing so. The constitutional rule seems to conflict with procedural law, just as the Code of Civil Procedure itself appears to be contradictory. From a systematic and teleological interpretation, as well as from the general system of presumptions, it must be recognized that the presumption of veracity of the assertion of insufficient resources always operates, and the judge cannot dismiss it. If and only if there are objective documents that authorize the judge to reject it, the magistrate must, before doing so, invite the potential beneficiary to counter the elements present in the file and prove their situation of economic lack of sufficiency.