The Participatory Adversarial Process and the Valuation of Borrowed Evidence

Abstract

The right to evidence constitutes one of the central structural axes of civil procedure in a democratic state governed by the rule of law. Although not expressly provided as an autonomous fundamental right in the Brazilian Federal Constitution of 1988, it emerges as a necessary corollary of due process of law, adversarial proceedings, the full right of defense, the inalienability of jurisdiction, and the prohibition of unlawful evidence. This article investigates the constitutional foundations of the right to evidence, the epistemological relevance of truth in civil procedure, the participatory character of adversarial proceedings under the Brazilian Code of Civil Procedure of 2015, and, finally, the systematic role of borrowed evidence as a procedural technique that promotes efficiency, cooperation, and the reasonable duration of proceedings. The research adopts a doctrinal and bibliographic methodology, grounded in specialized doctrine.