The personal testimony by a minor under sixteen years old, in face of the (in)admissibility of his confession in civil procedure law

This research intends to analyze the personal testimony of the minor under sixteen years of age and the (in) admissibility of his confession in Civil Procedural Law. Confession is one of several types of evidence contained in Civil procedural law, but when it comes to children under sixteen years of age, there are a series of specific considerations that must be taken into account, as it is a topic that involves legal issues, psychological and ethical. The protection of the rights of minors during civil or administrative judicial proceedings not only fulfills a legal and moral imperative but also reinforces the guidelines of the 1988 Magna Carta, ensuring that all stages of the process respect the dignity and fundamental rights of minors. Thus, in the Brazilian legal system, such a confession must be treated with caution due to the peculiarities of the topic with regard to legislation such as the Child and Adolescent Statute, the Civil Code and the Civil Procedure Code. So, understanding the guidelines of this (in) admissibility is essential to guarantee a legal system that respects human rights, especially with regard to the most vulnerable individuals in society, as in the case of children under sixteen years of age, considered absolutely incapable. The methodology used in developing the work was the hypothetical-deductive method, adopting as means of research the analysis of Constitutional and Infraconstitutional Legislation, as well as the approach of national doctrine on the topic.