EVIDENCE-ASSURANCE CLAIM AND ANTICIPATED PRODUCTION OF EVIDENCE IN FACE OF URGENCY: A SERIOUS CONCEPTUAL CONFUSION MAINTAINED BY THE BRAZILIAN CODE OF CIVIL PROCEDURE

This essay seeks to investigate if there is still such a thing as an evidence-assurance procedure in the Brazilian legal system now that the provisional proceedings stage no longer exists. My main hypothesis is that the specific procedural stage dedicated to the assurance of evidence still exists, and therefore it is crucial to distinguish it from the mere motion for the anticipated production of evidence, with or without the element of urgence. Basically, this work seeks to draw a historical description of different institutes in Brazilian law: the motion for evidence-assurance and the motion for anticipated production of evidence, both in its autonomous and its satisfactory characters. Then it seeks to analyse if the motion for evidence-assurance still exists n Brazilian law, followed by an analysis of the technical aspects of said institute after the abolishment of the procedural stage of provisional proceedings in Brazilian law. The research method is historical, comparative, in order to analyse the historical developments of the study object, allowing for a critique of the current Brazilian Code of Civil Procedure.