Tutela de evidência

Abstract

Long ago the complaints relating to the inefficiency of adjudication echo and bounce off the Brazilian judiciary. The proposed improvements come at a snail's pace in order to ensure that the process achieves its effective results. However, so far we have not agile enough instruments to ensure the adjudication we deserve. We have, fortunately, a beam of light coming from the Draft Code of Civil Procedure, not yet approved, which promises to match the desires of those who need the protection of the judiciary, in a timely and fair manner that ensures the constitutional principles. It is the protection of evidence, branching from the tutelage of urgency, which began its path to our Code of Civil Procedure as paragraph article and now promises to shine as an independent article. Its main objective is to ensure, effectively, the claim of the author that there is still the danger of delay. But how? These are cases in which the right is evidenced, whether through lack of controversy in demand is due to abuse of the right of defense or procrastinating manifest purpose of the defendant coupled with unmistakable evidence held by the author. Roughly, it would demonstrate the existence of a guardianship summary based on the evidence, with satisfativo effect as other judgments of knowledge. In this context, the judiciary must judge swiftly not only situations where urgency arises from the risk of process efficiency and the eventual extinction of the right itself, but the legality of situations covered and which are independent of periculum in arrears for no relevant reason for the wait. Therefore, the scope of this paper, among other minutiae, will be to demonstrate the use of evidence of that guardianship