Constitutional justification of the burden of proof.

The doctrine of the burden proof must face, as pole its argument, connection with Constitution and that it assume onus probandi projects a formulation goes beyond strict procedural conceptualization "ordinary" to access sphere constitutional guarantee, because jurisdictional declaration right cannot be refused when party's is aided by both preemption defenselessness use appropriate means substantiate - prove claim. It declared essential recognition correlated effective judicial protection. Constitution, in addition, places this part without possibility recognize relative judge which can justify ex officio evidence (in part). In European model, protection, not characterized uncertainty or casuism is, should apply civil process but, on contrary, specific guarantee provided Constitution. Without proof, would impossible achieve since "evidence for their protection" party have Burden rules double dimension. On one hand, they affect parties indicate need claims scope what process. other are only way out crossroads court may find itself doubts authenticity facts proved, either been was insufficient unsatisfactory. This decision consists ruling against who has failed question, constituting factual presumption supremacy law sought enforced.