presunção

Presunção, in a legal context, refers to an inference drawn by law or reason that a fact exists based on the existence of other facts. It is a logical deduction that allows a legal decision-maker to assume the truth of a fact that has not been directly proven, provided that certain foundational facts are established. These foundational facts are often referred to as the "basic facts."

There are generally two main types of presumptions: rebuttable and irrebuttable. A rebuttable presumption is one that can be challenged and overturned by evidence presented to the contrary. If sufficient evidence is introduced to disprove the presumed fact, the presumption is defeated. For example, the presumption of innocence in criminal law is a rebuttable presumption, meaning the prosecution must prove guilt beyond a reasonable doubt; the defendant is presumed innocent until proven guilty.

An irrebuttable presumption, also known as a conclusive presumption, cannot be contradicted by evidence. Once the basic facts are established, the presumed fact is considered definitively true for legal purposes. These are less common than rebuttable presumptions and are often based on strong public policy considerations.

Presumptions play a crucial role in simplifying legal proceedings by avoiding the need to prove every single fact from scratch. They allocate the burden of proof, guiding the parties on what they need to establish or disprove. The use of presumptions helps to ensure fairness, efficiency, and consistency within the legal system.