TIME IS NOT EVIDENCE: A ANALYSIS ABOUT THE PROCESS TIME AS GROUND OF THE PROVISIONAL INJUCTION BASED IN EVIDENCE, PROVIDED FOR ARTICLE 311 OF BRAZILIAN CIVIL PROCEDURE CODE

Abstract

The evidence injuction, embody in explicit form to frame of the provisional measure technique on CPC of the 2015, takes for granted the idea of existence of a obvious right of the demandant, which justifies greater effectiveness of the adjudication in the cases provided by procedural law. “Clear legal right” and “obvious right” must be connected to “evidences” which sustain it, that is, the evidences. The statement of the evidence injuction in a possible improvement of process time, although politically, economically and sociologically tenable, does not constitute procedural key piece for the decision of the adjudication. The paper adresses this issue, dialoguing with doctrinal view about.

Keywords

• evidence injuction
• evident right
• clear legal right
• process time
• time is not evidence