O modelo cooperativo de processo como legitimador das decisões judiciais no estado democrático de direito

Abstract

In place of the adversarial and inquisitive systems, judicial cooperation emerged as a new model of process, which aims to obtain a fair process, in the same time possible, thus guaranteeing effective access to justice for the jurisdictional parties. Although in certain aspects the cooperative process still has some characteristics of the models that preceded it, what differentiates it from the others is the way it is presented, because in it there will be a true working community in which all procedural subjects must contribute to get as close as possible to the real truth and, also, so that the law is properly applied to the concrete case, because only then can we speak of a fair process. In order for the process to achieve the desired result, which is the provision of fair judicial protection and the social pacification of conflicts, it is necessary for the judge to adopt some proactive postures, both in the conduct of the procedure and at the time of the trial, in order to guarantee fundamental rights. Based on these premises, the present work will analyze the cooperative model of process, in order to verify the hypothesis that it is the same appropriate for the legitimation of judicial proactivity, due to the actions of the parties together with the judge. The analysis will be done in the light of the Federal Constitution of 1988 and CPC/2015, having as a starting point the bibliographic research and, for the conclusions that will be presented, we will use the deductive method.