A flexibilização do dever de testemunhar: uma análise à luz da teoria dos deveres fundamentais e da teoria do risco na sociedade contemporânea

Abstract

It deals with the analysis of flexibilization of the duty to testify, focusing on the interpretation of the new Code of Brazilian Civil Procedure, in light of the theory of fundamental duties and the theory of risk in contemporary society in Raffaele De Giorgi. Risk is considered to be the likelihood of future damage that a decision could have prevented and, if the undesired event occurs, may be imputed to a decision. It is important to emphasize the prediction of the admission of the excuse to testify when the fact to be clarified can represent serious damage to the witness or to people related to him by marriage, stable union, kinship in successive degree or intimate friendship, protecting interests and moral, social duties , considered as very important to life in society, to the detriment of the knowledge of the truth. The deductive method and the bi-biographic research are used. It is concluded that it is a decision that will reflect on the difficulty of solving the processes and on collaboration with justice, and thus impunity and generate more risks for society