A produção antecipada da prova no contexto do processo civil coletivo: prevenção de litígios e simplificação procedimental

Abstract

The aim of this paper is to investigate the use of the institute of early production of evidence, provided for in article 381 of the 2015 Code of Civil Procedure, in the context of class actions. The research seeks to understand how this procedure has been used to prevent litigation and simplify collective proceedings, through a qualitative analysis of actions for the early production of evidence in state and federal courts, with an emphasis on the actions of the Public Prosecutor's Office and the Public Defender's Office. In the Brazilian legal system, the use of early production of evidence has proved to be an interesting tool for facilitating the collection of evidence, as well as preventing litigation in complex or financially challenging cases. In this sense, considering that class actions involve, by their very nature, a greater number of people and often have a higher economic value, as well as being linked to the solution of complex problems, the question is whether the use of advance production of evidence could be an effective tool to ensure a more robust evidentiary instruction, avoid the dilation of litigation and promote procedural speed. The methodology adopted combines bibliographical, documentary and empirical research. The empirical research involves a survey of court cases in which the Public Prosecutor's Office and/or the Public Defender's Office have used the procedure for the early production of evidence. These cases will be analyzed in order to understand their impact on the resolution of disputes and the effectiveness of judicial provision, especially in relation to the prevention of disputes and the organization of collective proceedings. Based on the data obtained, the study seeks to evaluate the effectiveness of the institute, observing its application in different contexts and its contribution to the protection of collective and transindividual rights. The work thus aims to provide a clearer view of the effectiveness of the early production of evidence, offering subsidies for improving the use of this institute in the Brazilian legal system and for building faster and more effective justice.