Autodepoimento: repensando uma forma de participação das partes no processo

Abstract

This dissertation investigates the compatibility of self-deposition as a means of evidence within Brazilian civil procedure, seeking to reconstruct its legitimacy and functionality in light of contemporary procedural dogmatics. The analysis begins with the observation that self deposition—understood as the possibility for a party to provide statements with evidentiary value in their own favor—is frequently rejected by traditional conceptions of the process, marked by excessive formalism and a restrictive interpretation of the Code of Civil Procedure. In this context, the work proposes a critical reinterpretation of procedural orality, recovering its historical, theoretical, and normative foundations and examining its incidence across the various phases of judicial proceedings. The dissertation is structured into six chapters: the first presents the introduction, including the delimitation of the topic, the formulation of the research problem, the objectives, and the adopted methodology; the second develops a theoretical and historical analysis of orality and its subprinciples within the civil procedural system; the third proposes an updated typology of oral means of evidence and examines the current evidentiary structure; the fourth analyzes party participation in the evidentiary phase, with an emphasis on cooperation, efficiency, and procedural adequacy; the fifth chapter thoroughly examines the normative, procedural, and doctrinal viability of self-deposition, formulating arguments in favor of its acceptance and critically addressing the existing objections; finally, the sixth chapter presents the conclusions, consolidating the theoretical and practical foundations that support the recognition of self-deposition as a legitimate form of participation in civil proceedings. It is argued, in conclusion, that self-deposition contributes to the strengthening of the adversarial system, enhances the democratic density of the process, and qualifies the production of evidence, affirming itself as an expression of the fundamental right to be heard within the process.