Reversal of the Burden of Proof
This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese
This is the rule that allows a judge to shift to the supplier the duty to prove the facts in dispute when the consumer’s claim is plausible or the consumer is technically vulnerable. Instead of the customer having to demonstrate the defect or failure, it is up to the company to prove that it acted properly. This mechanism levels the playing field in the case, since the supplier is usually the one holding the technical information.