Produção antecipada de provas como forma de autocomposição das partes: aplicação do disclosure

• Autor(a) principal: Aguiar Neto, Francisco Silveira de
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/23599
• topic: Direito probatório; Prova (Direito); Autocomposição; Evidence (Law); Self-composition; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Brazilian Early Evidence Production presents itself as a procedure not only to ensure the realization of evidence due to the urgency, but also as a way to promote the self-composition of the parties and, even, the withdrawal in the action proposal. However, the way that this institute develops is perhaps not the most effective way to achieve its purposes. The present work seeks to analyze this institute, as well as the English Disclosure and the American Discovery. In order to evaluate what can be learned from foreign institutes and how they could be applied in our reality. Despite belonging to different traditions, there is no impediment to the use of institutes such as Disclosure and Discovery in the Brazilian procedural model. The production of evidence has the ability to reduce the asymmetry of information between the parties, be it the mere presentation of documents or a more robust evidential instruction, and, as the foreign experiences demonstrate, facilitate the making of agreements. The current procedural tools allow the use of the Early Evidence Production procedure with this focus, as well as guarantee its adaptation to the specific needs of the parties. The search for consensual means of conflict resolution, in turn, meets the principles of CPC / 2015 as well as the Federal Constitution