Produção antecipada de provas: solução para as crises de conhecimento no processo civil

Abstract

This study examines the anticipated production of evidence, an institute that, with the enactment of the 2015 Brazilian Code of Civil Procedure (Law n. 13.105/2015), underwent significant reform, acquiring autonomy and a broader scope of application. Unlike its formulation in the 1973 Code of Civil Procedure, in which it had an eminently precautionary nature and depended on the demonstration of urgency, the new framework confers upon it a multifunctional character, allowing its use also as an instrument for the preliminary clarification of facts, the fostering of consensual dispute resolution, and the prevention of litigation. The research aims to examine the legislative and doctrinal development of the institute, its statutory grounds for admissibility, as well as a critical analysis of the case law of the Superior Court of Justice and the São Paulo Court of Justice, in order to understand how these courts have interpreted and applied articles 381 to 383 of the 2015 Code of Civil Procedure. Furthermore, the study seeks to demonstrate that the anticipated production of evidence, by serving as a mechanism to overcome so-called knowledge crises, situations marked by uncertainty or insufficiency of factual elements, contributes to legal certainty, procedural efficiency, and the effectiveness of judicial protection, thereby aligning with the structural principles of contemporary civil procedure