Antecipação de provas e autocomposição

Abstract

The objective of this work is to investigate (with the contribution of deductive methodology, which includes analysis of legislation, doctrine and jurisprudence) that the institute of anticipated production of evidence can be used to guide the settlement of disputes, with the purpose of avoiding the filing of a lawsuit on the merits (through the autonomous production of evidence), or the contribute to greater efficiency and speed in their resolution (through the advance production of evidence in an incidental way). Specifically, we wish to examine if, as well as the discovery in American law, which allows the clarification of factual matters and, consequently, the conviction of the parties about who is right in the dispute, stimulating the resolution of the conflict by the alternative dispute resolutions, the anticipated production of evidence (autonomous or incidental), provided in our legal system, could enable the parties, having elucidated the facts involved in the conflict, to be able, more easily, to conclude an agreement, capable of giving rise to the contention of litigation in the process.