MULTI-TIERED CLAUSES AND ADVANCE PRODUCTION OF EVIDENCE: ANALYSIS OF ITS LAWFULNESS IN THE DOMAIN OF EVIDENCE LAW

Abstract

The present article aims to analyze the advance production of evidence in the system of Civil Procedure Code, with law tools such as the procedural conventions, through the multi-tiered clauses. Therefore, relevant procedural measures are presented, which can be suitable to meet the principle of procedural efficiency, especially clauses on advance production of evidence and, thereafter, in case of disagreement, resource to arbitrage or the Judiciary Branch. Such contract provisions are able to reduce the current brazilian litigation framewok, given that Alternative Dispute Resolution methods are also employed, as the mediation.

Keywords

• advance production of evidence
• multi-tiered clauses
• mediation
• proporcionality