EVIDENCE GUARDIANSHIP
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Evidence-based injunctions are not entirely new to the current Code of Civil Procedure, since the 1973 CPC already authorized the anticipation of injunctions in cases of abuse of the right to defense (this was the former article 273, II, of the CPC), which is now provided for as a case of evidence-based injunction. Despite this, it is true that there has been an improvement in the technique, and we can state that evidence-based injunctions are a type of provisional injunction in which the judge grants the plaintiff's request, without the requirement of urgency or danger to his or her right, based on the high probability or “evidence” of the protected interest. As it is provisional injunctions, it is also true that they are granted on a temporary basis, that is, they can be changed or revoked by the judge himself or herself at any time. The cases in which evidence-based injunctions are granted are exhaustive, that is, the judge can only grant them if the situation falls under one of the four clauses of article 311.
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