NATIONAL JUDICIAL COOPERATION AND THE JOINT ACQUISITION OF EVIDENCE OF A COMMON FACT: AN ALTERNATIVE FOR THE TREATMENT OF INDIVIDUALLY HOMOGENEOUS INDIVIDUAL RIGHTS POSTULATED
Name: VINICIUS SENA GOMES DE MORAES
Publication date: 29/05/2024
Examining board:
Name | Role |
---|---|
CAMILO ZUFELATO | Examinador Externo |
HERMES ZANETI JUNIOR | Examinador Interno |
MARCELO ABELHA RODRIGUES | Presidente |
THIAGO FERREIRA SIQUEIRA | Examinador Interno |
Summary: With the enactment of the 2015 Code of Civil Procedure, new hypotheses of judicial cooperation aimed at judicial management and the efficiency of administrative and jurisdictional activities were regulated, expressly providing for the possibility of concertation between jurisdictional bodies for the performance of procedural acts with the aim of obtaining evidence (item II, § 2 of art. 69), in a movement tending to allow the adaptation of the jurisdiction to optimize its objectives. The purpose of this study is to examine the technique of jointly producing a single piece of evidence of a common fact, designed to grasp the relevant facts at the heart of common issues of fact in individual proceedings linked by homogeneous individual rights, and which, when produced, plays the role of guiding the isonomic and harmonious treatment of homogeneous issues.