ANTICIPATED PRODUCTION OF PROOF OR AUTONOMOUS ACTION OF DOCUMENT EXHIBITION: THE CONTROVERSY ON THE DOCUMENTARY PROOF AT CPC/2015

Abstract

The purpose of this article is to help solve some doctrinal controversies that have been reverberating in the jurisprudence, on whether or not to demand an autonomous request for the exhibition of a document after the validity of CPC/2015, which extinguished the nominee precautionary measures of CPC/73 and instituted the procedure for the anticipated production of proofs, understood as the current consecration of the right to proof. Starting from an analysis of the CPC/73 institutes and passing through the principiological bases of the CPC/2015 reform, three theories about the main theme of the research are presented: (i) the incidental theory; (ii) the autonomous theory; and (iii) differentiated autonomous theory. Defending the autonomous theory, it is maintained that it is possible the presentation of a document by an autonomous demand for exhibition, unrelated to the special rite of the anticipated production of proofs, provided on articles 381 to 383 of the CPC. The anticipated production of documentary evidence can thus take three forms: (i) in a precautionary procedure of an antecedent nature (article 305 of the CPC); (ii) in advance production of proofs; and (iii) in an autonomous document exhibition action, due regard being had to the fungibility among the institutes, when possible and adequate to the useful result of the process.

Keywords

• civil lawsuit
• documental proof
• anticipated production of proofs
• autonomous exhibition action
• autonomous theory