Early production of evidence without requirement of urgency on environmental law: risk of damage to the environment

Abstract

The provisional remedy of early production of evidence in Brazilian law is applied to prevent its extinction before the proposal of the action. It is traditionally intended to form the judge conviction. However, the evidence can be produced in advance without any urgency for the parties better acquainted the dispute and the facts, as in the Discovery of American Civil Procedure. The early production of evidence without requirement of urgency can be used to apply the precautionary principle in environmental law disputes. 
Early production of evidence; Discovery in American civil