A ação de proteção antecipada de provas seria o "discovery brasilleiro"?

Abstract

The present work deals with the action of early production of evidence and the procedure called discovery used in the pretrial phase in American procedural law. Certain that focusing on procedural law studies is a commitment to improving it by increasing procedural speed and maintaining respect for fundamental rights, the present work is dedicated to exposing the institute of early production of evidence, fundamental elements and limitations , always printing the criticisms made by the doctrine and specialized bibliography. In the same sense, it is the institute of pretrial discovery in the American context, making use of North American and Brazilian bibliography in the exhibition in explaining its emergence, exposure of its elements, limits and criticisms. Following the content of the specialized bibliography on the aforementioned American institution, the work ends with a brief comparison between both institutes, suggesting that given the cyclical differences between them and the structural distance of the Brazilian and North American legal systems, it is possible to affirm that they various characteristics and purposes, being able to affirm that they are similar institutes, however of different effectiveness in their countries for conjunctural and structural reasons.