Os limites do princípio da cooperação na nova sistemática do Código de Processo Civil

Abstract

This paper analyzes the principle from the perspective of the Civil Procedure Code of 2015 as well as its implicit limits established throughout the Code. It was intended, first, to familiarize the reader and then discuss the concept and a historical evolution of the culture of cooperation world wide, to reach the maturity for being accept in the new procedural system. Later it was exposed which agents are impacted by the principle and consequently the duties, since requires demarcation of limits to achieve effectiveness and procedural gain. Once these considerations have been made, I exposedthe procedures on applying the principle of cooperation through new mechanisms introduced by the legislator amiming an healthier, more organized and transparent judicial process. Also doctrines, and different perceptions on the subject, as well , the necessity of compatibilization with Federal Constitution. Finally, it is concluded that we need a transformation of society's mentality, not just lawmakers, but of society as a whole, which everyone must see cooperation as a priority. It is essential to recognize the commandment of the Code: In order to achieve a fair procedural result it is indispensable that the parties are aligned and cooperate with each other