Procedimentos probatórios autônomos como instrumentos de acertamento fático e fomento ao consenso – breve análise das inovações trazidas pelo art. 381 do novo Código de Processo Civil

Abstract

This paper aims at analyzing the of the expected expressed by the New Code of Civil Procedure of so-called autonomous evidentiary procedures directed to the factual certification and consensus and its interface with the process cooperative model brought by the new code. Similarly, it is intended to be examined whether such figures, as erected by the new civil procedure code, follow the trend observed in comparative law, and even if such devices will have the power to at least mitigate the entrenched culture of compulsive judicialization of conflicts that characterize the Brazilian state jurisdiction, in a true label transposition.