PRINCIPLE OF COOPERATION IN CIVIL PROCEDURE/PRINCIPIO DA COOPERACAO NO PROCESSO CIVIL

This paper presents the theme of the principle of cooperation in civil procedure, as a new paradigm in Brazilian rights, that in harmony with other aspects and institutes adopted the new Code of Civil Procedure, presents itself as an important standard to strengthen and legitimize the process as too...

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Veröffentlicht in:Revista Thesis Juris 2016-01, Vol.5 (1), p.163
Hauptverfasser: Neto, Elias Marques de Medeiros, Machado, Pedro Antonio de Oliveira
Format: Artikel
Sprache:por
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Zusammenfassung:This paper presents the theme of the principle of cooperation in civil procedure, as a new paradigm in Brazilian rights, that in harmony with other aspects and institutes adopted the new Code of Civil Procedure, presents itself as an important standard to strengthen and legitimize the process as tool of effective distribution of justice, task that becomes to be shared, at least in the instructor phase, with society and notably the others actors in demand. In addition will demonstrate that theses goals will be in conection with the reasonable duration of process, with the fulfilment of the due legal process, substantial contradictory and full defense. Thus, will be outlined brief consideration about the form of society where theses institutes and objectives are entered, the crisis of the process, the challenges to be faced in this environment, the historic origin of the cooperation process model, its constitutional reason, the conduct of the actors that take part of the process that becomes to be demanded, notably the judge and the procedural technique of the new code, to grand the desired effectiveness, considering the factor of time, without forget the respect of the procedural fundamental guarantees, without theses will not exist fair process.
ISSN:2317-3580
2317-3580
DOI:10.5585/rtj.v5i1.293