DOCUMENT DISCLOSURE AND DISCOVERY IN BRAZILIAN ARBITRATION: LIMITS AND ADAPTATIONS IN LIGHT OF TRADE SECRETS AND DATA PROTECTION

Abstract

This article analyzes the complex landscape of documentary evidence production in Brazilian arbitration, a field marked by the growing influence of international practices such as document disclosure and discovery. Through a comparative, legislative, doctrinal, and jurisprudential analysis, the procedural framework of Brazil is examined as it develops a hybrid model of documentary production. Grounded in the Arbitration Law, the adapted application of the Code of Civil Procedure, and innovations by arbitral chambers in response to Superior Court of Justice decisions and legal doctrine, a pragmatic balance is sought, moving away from the excesses of American discovery and affirming the autonomy and maturity of the Brazilian arbitral system.