Esta dissertação tem como objetivo principal analisar o cabimento, no direito processual brasileiro, de uma distribuição dinâmica das regras do ônus da prova. Na primeira parte, são analisados o conceito, o objeto e a finalidade da prova, com apontamento da distinção entre fontes e meios. Após, são estudados o conceito de ônus da prova e sua distinção da obrigação, dando ênfase aos seus aspectos objetivo e subjetivo e às principais teorias, antigas e modernas, que tratam dos critérios para a distribuição do ônus da prova. Estudou-se, em seguida, os principais fenômenos relacionados ao ônus da prova, quais sejam a distribuição, cuja regra geral está no art. 333 do CPC, e a redistribuição como gênero, tendo com espécies a redistribuição strictu sensu, cabível em casos de probatio diabolica e em excepcionais casos em que a prova se apresenta difícil por fatores externos ao processo, e a inversão, cujo exemplo, no direito pátrio, é o art. 6o, inc. VIII, do CDC. Na segunda parte do trabalho, são apresentadas duas novas teorias sobre a distribuição do ônus da prova: a visão solidarista do ônus da prova e a teoria dinâmica dos ônus probatórios. Por fim, ante a necessidade de flexibilização das atuais regras gerais de distribuição do ônus da prova e, ao mesmo tempo, controle do excessivo subjetivismo judicial, analisa-se o cabimento da aplicação da teoria dinâmica no direito brasileiro, apontando-se os parâmetros para a decisão judicial que a aplique. Do estudo, concluiu-se que o direito processual brasileiro admite a aplicação da teoria dinâmica dos ônus probatórios em face da incidência do princípio da igualdade, dos poderes instrutórios do juiz e do dever de lealdade, boa-fé e colaboração das partes. Concluiuse, ainda, que embora possa acontecer em momento diverso, o momento mais oportuno para a ocorrência da redistribuição do ônus da prova é a audiência preliminar, não podendo se verificar, em nenhuma hipótese, surpresa às partes, sob pena de ferimento ao princípio do contraditório. Quanto à decisão judicial que aplica a teoria dinâmica, deve esta levar em conta que tal aplicação é de caráter excepcionalíssimo, devendo ser bem fundamentada. / This study has the purpose of analyzing a dynamic employment of the burden of proof in the Brazilian Procedural Law. In the first part of this study, the concept and object and the evidence are analyzed through distinguishing sources and ways. Afterwards, the concept of burden of proof and its difference from obligation are studied based on subjective and objective aspects of dominant old and modern theories. We also examined the main phenomena relating to the burden of proof in general presented on the art. 333 Brazilian Procedural Code, the presentation of the burden of proof strict sensu in case of probatio diabolica and the shifting of burden of proof based on the art. 6, inc.VII, Brazilian Consumption Code. In the second part of the study, two theories related to the shifting of the burden of proof are presented. Based on those two theories, we came to the conclusion that a more dynamic way of applying the general rules for shifting the burden of proof and excessive control of judicial subjectivism is necessary to reach fairness. Finally, we concluded that the Brazilian Procedural Law allows the application of the dynamic theory of burden of proof based on the principle of equity, discretion, loyalty, good faith and the collaboration of the parties. Besides, the best moment to submit some evidence for the shifting of the burden of proof is over the course of a hearing. The decision shall be based on legal matters, facts and principles due to the fact that the dynamic theory to analyze evidence in case of shifting the burden of proof is used in special cases.

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The key issue in recent debates of Christian apologetics is whether there is any common ground of data and criteria between believers and unbelievers. Two main schools are divided on this issue, namely: evidential and presuppositional apologetics. The evidential apologists claim that a common ground exists, and that objective proofs of theism are possible from this common ground. In contrast, the presuppositional apologists argue that there is no common ground; and they maintain that theoretical arguments (including apologetic ones) are unavoidably prejudiced by religious presuppositions. In this study, both sides are claimed to have their own flaws. The former apologetics has the flaw that its epistemic foundation (i.e., “classical foundationalism”) is fatally defective; and it is criticised by the reformational philosophical tradition, as well as secular contemporary (postmodern) epistemology. In contrast, the latter apologetics has the flaw that when the existence of common ground is entirely denied, the problems of circular reasoning (hence, relativism) and total communication breakdown are unavoidable. In order to clarify and deepen the issue, the tradition of reformational philosophy, which is represented by Kuyper, Dooyeweerd and Van Til is first examined; and it is shown that all three scholars struggle with the tension between antithesis and common ground; and they attempt their own solution. Secondly, the contemporary anti-foundationalist epistemology is examined; and it is shown that the same tension exists between “radical” and “moderate” postmodern (anti-foundationalist) epistemologies; and their debate is on-going – without any satisfactory conclusion. As a solution, it is suggested that the notion of common ground should be distinguished by the ontological and epistemological dimensions. From the epistemological standpoint, all knowledge is prejudiced; and no objective conclusion (on the issue of e.g., theism) can be arrived at by so-called “neutral” rational arguments. However, from the ontological standpoint, it is undeniable that all kinds of knowledge are made possible by certain universal (transcendental) conditions, which constitute the ontic common ground. In this distinction, the confusion is caused by the false assumption that the ontic common ground is meant to function as an epistemic neutral criterion. In contrast, this study argues that the ontic common ground functions only as the condition for the possibility of legitimate knowledge (including apologetic arguments). As a result, this study claims that traditional apologetics, based on objective theistic proofs should be abandoned, and that (radical) presuppositional apologetics needs to be modified. Therefore, as an alternative approach, a new “integral apologetics” is proposed – on the basis of Dooyeweerd’s modal theory of reality. This approach emphasizes the need to utilize different types of knowledge, which together could strengthen the apologetic persuasion towards Christian theism, and take into consideration of the whole context of apologetic dialogue. / PhD (International Trade), North-West University, Potchefstroom Campus, 2014

The key issue in recent debates of Christian apologetics is whether there is any common ground of data and criteria between believers and unbelievers. Two main schools are divided on this issue, namely: evidential and presuppositional apologetics. The evidential apologists claim that a common ground exists, and that objective proofs of theism are possible from this common ground. In contrast, the presuppositional apologists argue that there is no common ground; and they maintain that theoretical arguments (including apologetic ones) are unavoidably prejudiced by religious presuppositions. In this study, both sides are claimed to have their own flaws. The former apologetics has the flaw that its epistemic foundation (i.e., “classical foundationalism”) is fatally defective; and it is criticised by the reformational philosophical tradition, as well as secular contemporary (postmodern) epistemology. In contrast, the latter apologetics has the flaw that when the existence of common ground is entirely denied, the problems of circular reasoning (hence, relativism) and total communication breakdown are unavoidable. In order to clarify and deepen the issue, the tradition of reformational philosophy, which is represented by Kuyper, Dooyeweerd and Van Til is first examined; and it is shown that all three scholars struggle with the tension between antithesis and common ground; and they attempt their own solution. Secondly, the contemporary anti-foundationalist epistemology is examined; and it is shown that the same tension exists between “radical” and “moderate” postmodern (anti-foundationalist) epistemologies; and their debate is on-going – without any satisfactory conclusion. As a solution, it is suggested that the notion of common ground should be distinguished by the ontological and epistemological dimensions. From the epistemological standpoint, all knowledge is prejudiced; and no objective conclusion (on the issue of e.g., theism) can be arrived at by so-called “neutral” rational arguments. However, from the ontological standpoint, it is undeniable that all kinds of knowledge are made possible by certain universal (transcendental) conditions, which constitute the ontic common ground. In this distinction, the confusion is caused by the false assumption that the ontic common ground is meant to function as an epistemic neutral criterion. In contrast, this study argues that the ontic common ground functions only as the condition for the possibility of legitimate knowledge (including apologetic arguments). As a result, this study claims that traditional apologetics, based on objective theistic proofs should be abandoned, and that (radical) presuppositional apologetics needs to be modified. Therefore, as an alternative approach, a new “integral apologetics” is proposed – on the basis of Dooyeweerd’s modal theory of reality. This approach emphasizes the need to utilize different types of knowledge, which together could strengthen the apologetic persuasion towards Christian theism, and take into consideration of the whole context of apologetic dialogue. / PhD (International Trade), North-West University, Potchefstroom Campus, 2014

During the 20th century, numerous philosophers of science pointed out several problems afflicting scientific communication. Communication in accounting is also problematic. In both cases (science and accounting) there seems to be a tension between objectivism and subjectivism. The former emphasizes the objects of knowledge while the latter prefers to rely on the human subject. In science one of these approaches seems to prevail in different periods. In accounting there seems to be an oscillation or ambiguity between the two tendencies (subjectivism and objectivism) which remain side by side. A polarity seems to emerge as statutory disclosures are influenced by objectivism, while contextual disclosures are inclined towards subjectivism. With reference to the philosophy of Herman Dooyeweerd subjectivism and objectivism are interpreted as emphasizing certain modal aspects to the detriment of others. Although this problem can be regarded as the cause of many difficulties in annual reports, this article focuses on communication problems. It is suggested that a better approach can be adopted by paying attention to all the modal aspects, in particular to those which tend to be neglected under a certain approach (objectivism or subjectivism). The final sections of this article provide a few concrete examples of how to improve communication in corporate reports by taking into account the neglected modal aspects. / MPhil, North-West University, Potchefstroom Campus, 2014

A Paixão segundo G.H., intensamente analisada como obra importante da denominada Terceira Geração Modernista, sob diversos prismas filosófico, formal, psicanalítico e histórico condiz com um momento contemporâneo contundente que expressa alto grau de individualismo, alienação e fragmentação em todos os campos. Desenvolve-se aqui uma investigação sobre a estruturação dessa obra, tendo em vista as estratégias de interlocução criadas pela autora, e o receptor implícito nessa estruturação, em consonância com a teoria do efeito estético elaborada por Wolfgang Iser, que também dialoga com outras teorias envolvendo a configuração do texto ficcional e seus respectivos interlocutores que se encontram embutidos na estrutura das obras. Para tanto, apresenta-se a fortuna crítica relacionada principalmente a interpretações da experiência de fusão sujeito/o outro/linguagem articulada à forma como essas interpretações preenchem as indeterminações produzidas na obra, bem como à tentativa de configurar o efeito da experiência da personagem no leitor contemporâneo. Daí decorre a investigação sobre o projeto literário do Modernismo Brasileiro no contexto da literatura ocidental, expresso na obra em questão, tendo em vista seu aspecto humanizador. / A Paixão segundo G.H., extremely studied as an important work of Third Modernist Generation, under several point of view philosophical, formal, psychoanalytical and historical was wrote in a historical context which expresses high bourgeois subject individualism and alienation over every instances. It is developed in this work an investigation about the structure of this Clarice Lispector literature, according to the interlocution strategies which are created by the author and to its implicit reader. Therefore this work aims to present the Brazilian critical baggage about the subject/other/language fusion experience articulated to the way how that interpretations fit the indeterminations which are produced in the text, according to Wolfgang Iser theories with others critics authors who purpose the esthetic effect theories, also considering the effects of the character experience over the contemporary reader. Besides, this work intend to discuss the Brazilian Modernism literary project presented in A Paixão segundo G.H. inserted in the modern context also in the general occidental literature evolution.

A Paixão segundo G.H., intensamente analisada como obra importante da denominada Terceira Geração Modernista, sob diversos prismas filosófico, formal, psicanalítico e histórico condiz com um momento contemporâneo contundente que expressa alto grau de individualismo, alienação e fragmentação em todos os campos. Desenvolve-se aqui uma investigação sobre a estruturação dessa obra, tendo em vista as estratégias de interlocução criadas pela autora, e o receptor implícito nessa estruturação, em consonância com a teoria do efeito estético elaborada por Wolfgang Iser, que também dialoga com outras teorias envolvendo a configuração do texto ficcional e seus respectivos interlocutores que se encontram embutidos na estrutura das obras. Para tanto, apresenta-se a fortuna crítica relacionada principalmente a interpretações da experiência de fusão sujeito/o outro/linguagem articulada à forma como essas interpretações preenchem as indeterminações produzidas na obra, bem como à tentativa de configurar o efeito da experiência da personagem no leitor contemporâneo. Daí decorre a investigação sobre o projeto literário do Modernismo Brasileiro no contexto da literatura ocidental, expresso na obra em questão, tendo em vista seu aspecto humanizador. / A Paixão segundo G.H., extremely studied as an important work of Third Modernist Generation, under several point of view philosophical, formal, psychoanalytical and historical was wrote in a historical context which expresses high bourgeois subject individualism and alienation over every instances. It is developed in this work an investigation about the structure of this Clarice Lispector literature, according to the interlocution strategies which are created by the author and to its implicit reader. Therefore this work aims to present the Brazilian critical baggage about the subject/other/language fusion experience articulated to the way how that interpretations fit the indeterminations which are produced in the text, according to Wolfgang Iser theories with others critics authors who purpose the esthetic effect theories, also considering the effects of the character experience over the contemporary reader. Besides, this work intend to discuss the Brazilian Modernism literary project presented in A Paixão segundo G.H. inserted in the modern context also in the general occidental literature evolution.

This thesis proceeds from the Toni Morrison's novel Sula and it mainly concentrates on a mutual relationship between an individual and society as reflected in the book. It consists of two main parts. The first one describes some aspects of the African-American history; the second one focuses on the individual characters in Sula and analyzes the Bottom society, charted against principles of US society in general. Individuality as the basic point of this thesis is shown as the moving element in the development of the society that also gives the direction of that development. Relationship between an individual and society is considered dialectic - on one hand, particular individuals participate in the development of the society, destroy stereotypes and violate dogmas; on the other hand, these people are often subdued and limited for the sake of the proper functioning of the society. Primary basis of this work is an assumption of the necessity of individual driving elements in the society for its (social) ceaseless development and subjectivism as the basic point of view on human existence. Key words: human being, gender, race, society, subjectivism, womanism.

What is the meaning of life? This has been one of the major questions of philosophy for centuries / from Socrates to Nietzsche and from Tolstoy to the famous comedy writers&rsquo / group Monty Python. People from diverse intellectual backgrounds asked what the meaning of life is. Although there are doubts that this question is now outdated, meaning of life seems to me still an intriguing subject. In this thesis I argue that life&rsquo / s meaning must be discussed according to two different notions. One of these notions is the content of life where life&rsquo / s meaning can be analyzed according to its coherence with a value system, its achievements or its influence on others. The other is the notion of life&rsquo / s meaning as a mental concept, as an experience. I provide reasons to think life&rsquo / s meaning as a composite mental state and propose its components. My point of view carries subjectivist implications, however by introducing necessary conditions of the formation of the composite mental state that provides a life with meaning I argue that such a mental state attains objectivity.

During the 20th century, numerous philosophers of science pointed out several problems afflicting scientific communication. Communication in accounting is also problematic. In both cases (science and accounting) there seems to be a tension between objectivism and subjectivism. The former emphasizes the objects of knowledge while the latter prefers to rely on the human subject. In science one of these approaches seems to prevail in different periods. In accounting there seems to be an oscillation or ambiguity between the two tendencies (subjectivism and objectivism) which remain side by side. A polarity seems to emerge as statutory disclosures are influenced by objectivism, while contextual disclosures are inclined towards subjectivism. With reference to the philosophy of Herman Dooyeweerd subjectivism and objectivism are interpreted as emphasizing certain modal aspects to the detriment of others. Although this problem can be regarded as the cause of many difficulties in annual reports, this article focuses on communication problems. It is suggested that a better approach can be adopted by paying attention to all the modal aspects, in particular to those which tend to be neglected under a certain approach (objectivism or subjectivism). The final sections of this article provide a few concrete examples of how to improve communication in corporate reports by taking into account the neglected modal aspects. / MPhil, North-West University, Potchefstroom Campus, 2014