The antecipated production of evidence as a reflection of the principle of cooperation in brazilian civil procedure

Abstract

This article examines the influence of the principle of cooperation, enshrined in Article 6 of the 2015 Brazilian Code of Civil Procedure, on the anticipated production of evidence, highlighting how these concepts interrelate and complement each other. The principle of cooperation mandates that the parties and the judge work together to create a fairer and more balanced process. Meanwhile, the anticipated production of evidence allows for the preservation of essential evidence before the main trial begins, ensuring that no party is placed at a disadvantage. The connection between these two principles results in a more participatory and democratic civil process, where parties have greater opportunities to engage in dialogue and collaborate in the pursuit of a fair resolution. Moreover, this relationship fosters self-composition, as the clarity and security provided by early evidence encourage parties to reach agreements before trial. In conclusion, the integration of the principle of cooperation into the anticipated production of evidence strengthens the Brazilian civil procedure, making it more equitable and increasing the likelihood of achieving a consensual resolution of disputes. The study adopts a rational-deductive method and a qualitative approach, conducting a survey and cross-analysis of relevant literature to investigate the problem and test the formulated hypothesis.