Uma questão da FCC:
QUESTÃO CERTA: Fatos incontroversos não precisam ser provados.
Código de Processo Civil:
Art. 374. Não dependem de prova os fatos:
I – notórios;
II – afirmados por uma parte e confessados pela parte contrária;
III – admitidos no processo como incontroversos;
IV – em cujo favor milita presunção legal de existência ou de veracidade.
Uma questão da CEBRASPE:
QUESTÃO ERRADA: No processo penal, os fatos não-impugnados pelo réu (fatos incontroversos) são considerados verdadeiros.
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ERRADA: Em razão da adoção do princípio da verdade real, não existe o fenômeno que ocorre no processo civil, consistente na presunção de veracidade dos fatos não impugnados, pois no processo civil vigora o princípio da verdade formal.
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