Judicial Inspection, Simplified Technical Proof and Expertise
A proposal for systematisation
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This paper served as a thesis for the conclusion of the law course at the University of São Paulo Law School (USP), Largo São Francisco. It was oriented by Prof. Dr. in Civil Procedure Heitor Vitor Mendonça Sica and was approved with the highest grade (ten).The work aims to systematize the use of what we call the "examination of people or things" type of evidence, of which judicial inspection, on the one hand, and simplified technical expertise and proof, on the other, are part. Based on the historical recovery of inspection and the innovation brought about by the Code of Civil Procedure of...
This paper served as a thesis for the conclusion of the law course at the University of São Paulo Law School (USP), Largo São Francisco. It was oriented by Prof. Dr. in Civil Procedure Heitor Vitor Mendonça Sica and was approved with the highest grade (ten).The work aims to systematize the use of what we call the "examination of people or things" type of evidence, of which judicial inspection, on the one hand, and simplified technical expertise and proof, on the other, are part. Based on the historical recovery of inspection and the innovation brought about by the Code of Civil Procedure of 2015 with simplified technical evidence, we propose that the use of these species should be suggested by the judge before deciding on the expert examination in the strict sense. Thus, we defend that the expert opinion should be considered a last resort alternative, due to the high costs involved, which would privilege the principles of procedural economy and speed.
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