REVERSAL OF THE BURDEN OF PROOF FROM THE SUPPLIER'S PERSPECTIVE

Abstract

The reversal of the burden of proof generally occurs in situations where one of the parties involved in a dispute or legal proceeding is considered to be at a disadvantage, whether for financial, technical or informational reasons. In the context of consumer relations, the reversal of the burden of proof is often applied to protect consumers. This study sought to discuss the reversal of the burden of proof from the perspective of the supplier. The methodology used was a bibliographic review, based on scientific articles, books, periodicals, case law and current legislation on the respective subject. Data collection was carried out through databases such as Scielo, Google Scholar, among others, from 2019 to 2024. The results clearly show that the reversal can occur in situations where the consumer or third party more easily holds the evidence necessary to allege the infringement. For example, in piracy cases, if someone alleges that a store is selling counterfeit products, the burden of proving the counterfeiting may fall on the consumer who made the accusation, since he or she is the one who has access to the product and can provide evidence. However, it is important to note that this reversal is not automatic and is usually determined by the judge based on the specific circumstances of each case. It is also essential that the reversal of the burden of proof is compatible with the principles of adversarial proceedings and full defense, ensuring that the supplier has an adequate opportunity to contest the allegations made against him or her.