O regime de produção antecipada de provas no novo CPC

Abstract

This monograph aims to address the regime of early production of evidence in the new CPC of 2015, the precautionary measure of anticipated production of evidence has become an autonomous process that aims not only to ensure the right to proof when there is urgency in its production , but rather to satisfy the party's right to produce a particular test, and therefore have a satisfactory character. The evidence is an instrumental element in the dispute over a dispute, producing the evidence is not the raison d'être of the process, nor even finding out the truth is, the process is aimed at resolving the conflict (or perfecting an act, within the jurisdiction voluntary) by defining the legal rules in the case. In order to define its relevance to the process, the new code disciplines the issue of the early production of evidence as an autonomous probationary action unrelated to the requirement of urgency. This action does not lend itself to anticipating the valuation of evidence, and this judgment is made only in future and eventual lawsuit in which the claim of material right is sought.