The evidence guardianship in the new code of civil procedure

Abstract

This article focuses on the field of Civil Procedure Law, and the research objectives the analysis of the Evidence Guardianship provided for in the New Code of Civil Procedure. From this perspective, the research approaches mainly the doctrine, which addresses the main general provisions applicable to Provisional Guardianship and, then, specifically, the treatment that is given to Provisional Evidence Guardianship, observing the New Code of Civil Procedure. Even so, the promptness, the reasonable duration of the process and its efficiency are principles that seek to give effectiveness to judicial commands allowing the legal protection to meet the interests of the parties. In this perspective, the Provisional Guardianship provided for in the new code of Civil Procedure have as goal the delivery of goods of life in time, since the natural delay handling of a process may, in certain cases, derail the judicial protection claimed to satisfy the parties. It is proposed with this work, the extension of the studies about the Institute of Provisional Guardianship of Evidence, with no intention to exhaust all aspects in this context.