The principle of free motivated conviction depends upon evidence. It is the basis of the claim. The alleged and not proven fact is non-existent fact.
There are some cases in which the law does not require proof (when there is a confession or when the fact is presumed.
The rule is that every fact must be duly proved.
All the evidence is admitted is legitimate. When the evidence is not bidding it can not be used by the judiciary (the fruit of the poisoned tree).
We have thus illegal, useless test. The illegal evidence is that which arises from the violation of a rule of substantive law (telephone conversation, photographs).
The proof of illegality depends on ponderaçã
Declaração- embargoes to any action, missing, unclear or contradictory.
The same fairness that exists in the public justice, does not occur in arbitration, because the cause will not be decidió by someone by lottery, but atarvés agreement of the parties, it is entirely volitional.
The process is marked by the dialectic, contradictory principles in CF, destque to legal defense, contradictory in due process.
It is possible that the judge grants an unprecedented injunction altera pars, without hearing the opposing party, or it can grant hearsay to hear the parties.
The judge judges according to their free motivated conviction, he forms a judgment of value, based on what he has in the records, anything that is gravitating out the file has value to him, the principle that force is the principle of free motivated conviction, He is linked to the elements of evidence in the file, it works with the probationary elemntos, so the concern of making a petition attorney, defense, because no point in claiming without proof, fact alleged without proof is actually non-existent, except the art of hypotheses 334 of cpc.