Revaloração probatória no recurso especial no âmbito do Superior Tribunal de Justiça

Abstract

The research aims to analyze the institute of evidentiary revaluation within the scope of the Superior Court of Justice. Thus, we seek to analyze the function of overlapping Courts, such as the STJ, and the jurisprudential reconstruction that led to the creation of summary 07, delimiting the scope of appeal of the Superior Courts. Furthermore, the aim is to examine the doctrinal construction of the division between questions of fact and law, going from the traditional conception of fact and proof, to more modern legal theories, such as Danilo Knijnik's trichotomic theory, which, searching for references in the Common Law, aims to overcome the nebulousness between questions of fact and law, observing the so-called mixed questions. Finally, judgments from the Superior Court of Justice that deal with issues involving violation of the legal qualification of the facts or the rules of evidence law are analyzed, to verify the incidence of Precedent 07 in such cases and carry out a re-reading from the trichotomic perspective of Knijnik