Comparativo de produccion de prueba anticipada entre el codigo de proceso civil del 2015 brasileño con el codigo de proceso civil del 2007 hondureño

Abstract

This study analyses is to demonstrate that the current autonomous action about of the Anticipated production of evidence in Civil Procedure Law of 2015, could be implemented under the legal reality of the Honduran law submitted in the Code of Civil Procedure of the year 2007, for this reason I start from the conception of the notion of fundamental rights and the constitutionalization of the process, based on the premise of the democratic state of constitutional law. The Civil process code of 2015, is a procedural legal compendium that innovate in many of its institutes, such is the case of the Anticipated production of evidence, establishing parameters that break schemes and eradicating the idea of only establishing as an admission budget the urgency, and adding two new hypotheses such as verifying whether or not there is a possibility to initiate a main process or simply obtaining information to promote self-composition between the parties within the orbit of a collaborative and equal arms process. The implementation problem materializes in the sense that the Honduran Civil Procedure Code of 2007 admits Anticipated production of evidence under the urgency modality as the only presupposition, and therefore the constitutional and fundamental right of the right to proof that it has every citizen. This right to proof, which is derived mainly from the right of action and defense, are fundamental pillars for adequate jurisdictional protection and due process, which cannot be violated by any infra-constitutional norm, such as the case of Honduran law. When establishing a comparative from the constitutional historical perspective, as well as the procedural arc of Anticipated production of evidence determine that the action of early proof can be implemented in Honduran law, thus giving rise to an innovation not only to the aforementioned law, but to all of those procedural legal regimes, mainly in the Latin American region, that still typify Anticipated production of evidence with the only requirement of urgency as admission and therefore expanding its usefulness as a pre-evidentiary constitution as well as production for research and information interest. That is why I demonstrate in relation to my arguments that the application of anticipated evidence in Honduran law can undergo a transformation oriented in the parameters of an autonomous action of anticipated evidence similar to how it is developed in current Brazilian procedural legislation