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The research proposal is the verification, in the Code of Civil Procedure, of the application of the distribution of the burden of proof, set out in art. 373 (BRASIL, 2015), precisely in the administrative process. The problem-issue facing this study and for which it intends to understand can be explained in the following statement: has the State applied the distribution of the burden of proof, in the constitutional process model, in administrative processes? The development of the research is justified by the need to check whether the test institute has been used by the State in the context of its administrative processes and its application as it meets the constitutional process, by its institutional principles and the Democratic Rule of Law itself. The general objective is to verify the application of the distribution of the burden of proof in administrative processes, testifying the proposal through the institutional principles of the process. The general objective is to verify the application of the distribution of the burden of proof in administrative processes, testifying the proposal through the institutional principles of the process. Specific objectives are: a) to conceptualize the institutional principles of the process (broad defense, contradictory and isonomy); b) to study the procedural rights and guarantees applied to the administrative process; c) describe the current situation of the burden of proof, addressing the concept and the evolution, in the administrative process; d) describe the main changes and innovations brought by the Civil Procedure Code (BRASIL, 2015) regarding the distribution of the burden of proof and its application in the administrative process; e) to analyze the presumption of veracity and legitimacy of administrative acts and the flexibility of the burden of proof; f) study the procedure for reversing the burden of proof in the administrative process and the Principle of Cooperation; g) study the dynamic theory of the burden of proof in the administrative process; h) analyze the jurisprudence on the distribution of the burden of proof; i) to propose advances on the test institute in the administrative process. The theoretical framework of the dissertation is the Theory of the Democratic Constitutional Process, by the work of José Alfredo de Oliveira Baracho, as well as the studies of Sérgio Henriques Zandona Freitas, regarding the Procedural Law of Public Administration, also seeking the testification of Popper, object of the research by Rosemiro Pereira Leal and André Cordeiro Leal. As for the methodological aspects, it will be based on the analytical procedure, which aims at a critical approach to the problem theme. It will therefore be based on the inductive method. Exploratory research will be carried out in order to allow greater familiarity with the problem, with a view to making it more explicit, which will be effective through foreign and national bibliographic research and documentary research. Also from an interdisciplinary perspective, through the study of the Constitutional Process, Civil Procedural Law and Administrative Law. The conclusion of the research confirms the need to reconstruct the dynamic distribution of the burden of proof in the administrative process by the State and the Public Administration, taking into account the constitutional process, due to its institutional principles and the Democratic Rule of Law itself. [ABSTRACT FROM AUTHOR]