Cooperação processual: em busca de uma decisão justa e efetiva

Abstract

This piece of work seek to analise the procedural cooperation in order to achieve an effective and fair decision, from the reality brought by Civil Procedure Code 2015, which discipline in the 6º art, the cooperation as a fundamental regulation. For this, the main characteristics of the cooperative process model will be analyzed, which came to balance what previously existed with the classical (adversarial and inquisitive) models, aiming to construct a procedural conduct in an egalitarian manner among the procedural subjects, ensuring an interaction environment and dialogue between the parties and the court, within the perspective of the constitutionalization of the process. However, to look into this new sight of the process, it will be necessary to make a contextualization of the actual Code, which came aiming to simplify and make more flexible the procedural proceeding, in an attempt to combat from excessive attachment to the formalism of the Code of 1973, and also from the way how the proceedings have been conducted, as a result, have been provoking a failure of the jurisdictional provision. As a consequence, it becomes required the procedural participation and, accordingly, it will analise plenty of the dispositions of the Code of 2015, those who treat the duties to be followed for the procedural sujects, focusing in the judge's conduct, such as the duty of clarification, the duty of assistance, the duty prevention, the duty of consult and also the duty of consistency in the judicial decisions, based on due process of law, substantive contradiction and objective good faith, aiming at a better procedural conduct.