Marinoni, L., Arenhart, S., & Mitidiero, D. (2017). 9.7 Prova Emprestada. In L. Marinoni, S. Arenhart, & D. Mitidiero (Eds.), Novo curso de processo civil: Tutela dos direitos mediante procedimento comum. Editora Revista dos Tribunais.

has been cited by the following article:

• TITLE: The Participatory Adversarial Process and the Valuation of Borrowed Evidence

  AUTHORS: Luiz Fernando Eng de Lima

  KEYWORDS: Right to Evidence, Truth in Civil Procedure, Participatory Adversarial Proceedings, Evaluation of Evidence, Borrowed Evidence, Brazilian Code of Civil Procedure (2015)

  JOURNAL NAME: Beijing Law Review, Vol.17 No.1, March 10, 2026

  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.