It is known that the applicator in investment brokers usually presents a different profile from that of more chattering financial institutions. However, given the almost integral virtuality of relationships with consultants, with operations carried out via mobile application, the guidelines on the risk of the formulated business, whose magnitude is directly proportional to the profit margin, constitute a fundamental duty of investment consultants. It takes care, however, of difficult evidence, to make the chances of success in eventual indemnity demand small, since the risk of loss is inherent to the business. In view of these peculiarities, we have directed our clients to judge early production of evidence, a measure without litigation character and, therefore, succumbence, to plead the oitiva in court of those involved in the operation, allowing to evaluate the (in)feasibility of future demand.
The advance production of the oral evidence awarded was granted to the investor by the MM. Judgment of the 2nd Civil Court of the District of Santos - SP, designating hearing for hearing of witnesses and the legal representative of the broker, to take place on a close date.
The measure of early production of evidence, in CPC15, can be used to verify the (in)legal feasibility of future demand or even enable possible composition, which did not occur in the previous Code (case no. 1012007-04.2022.8.26.0562)
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