| dc.description.abstract | The present thesis has as a study object the rules of experience praised by the article 335 of the Code of Civil Action analyzed through the Luhman’s Theory of the Social System. Considering the Law as a society subsystem, are analyzed the probatory elements, atypical in its value dichotomy: the value criteria objective/subjective, with emphasis in the subjective aspect. The theses intends to analyze the search of the certainty as a evidence subjective aspect and, therefore, capable to make possible decisions marked by verossimilhança, allowing with this, the use of the Law applicator’s theoretical common sense, specifically his/her rules of common experience and judgments of value. Important to salient that the experience rules are part of the logical process of the applicator’s reasoning, integrating, in such a way, the fund of individual culture of each magistrate. On this way, the subjective aspect of the probatory element appreciation is capable to produce complexity in the decisions and, with this, the | en |
