Documentary evidence and documented evidence
an illusory distinction
Keywords:
documentary evidence, documented evidence, written evidence, admissibility, valuation, writ of mandamus, preliminary injunctions based on palpabilityAbstract
The article investigates the possibility of a dogmatic distinction between documentary evidence and documented evidence, based on an examination of legislation and a historical and critical analysis of Brazilian jurisprudence and doctrine. After examining the criterion normally used to support the distinction – the form of representation, direct or indirect, of the proband fact – as well as other possible distinctive criteria – related to the source of evidence, the form
of its production and its valuation –, we arrive at to the conclusion that, in the Brazilian system, there is no legal or scientific basis for distinguishing documentary evidence from documented
evidence. As a result, it is concluded that it is not legitimate to refuse the admissibility of what
has been called “documented evidence” to meet legal requirements of “written evidence” or “documentary evidence”.
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