Princípio da cooperação, contraditório e boa-fé processual

Abstract

This paper deals with the principle of cooperation in civil procedure, its historical and doctrinal basis, its origin in the foreign legal Law, as well as its constitutional basis. It presented the correlation between constitutional principles and the adversarial procedural good faith, which complement each other to form the principle of cooperation. Models of civil procedure described as adversarial and inquisitorial process, in terms isonomic and asymmetrical, presents a third way, the process of cooperative model. There are opposing opinions on doctrinal justifications for considering cooperation as a principle of Civil Procedure, as well as the judge's procedural duties arising from the principle of cooperation, as the duties of clarification, dialogue or consultation, prevention and aid. At the end are shown in the project of the new Code of Civil Procedure articles related to principle of cooperation and the influence of this principle on the development of procedural legal relationship between judges and parts.