A cooperação do magistrado no processo civil sob o viés constitucional

• Autor(a) principal: Poffo, Sidnei Roberto
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/12117
• topic: Processo civil; Magistrado; Cooperação

This Course Conclusion Paper briefly describes the legal institutes and the dynamics surrounding the participation of the magistrate as a precursor of the civil process, especially as a cooperator with its prominent jurisdictional function. As regards the chapters at the heart of the development of this work, they were subdivided to present the brief history of the emergence of civil process from the earliest days of the old age to the present, presenting the main facts of this evolution, linked to the participation of the magistrate In civil proceedings. Secondly, the legal institutes are presented under the aforementioned matter, reaffirming indispensable constitutional principles consistent with the magistrate's role as a collaborator in civil proceedings, under current logic, as envisaged in CRFB/1988 and CPC / 2015. In the sequence, this work brings, in short, the procedural practice in liame some devices of the phase of knowledge of the current civil process and respective jurisprudence on the subject, demonstrating how important became the cooperation of the magistrate in light of the new procedural legislation Under the constitutional aegis. Regarding the methodology, the theoretical, basic, or pure research used in this monograph seeks to improve knowledge itself, without prejudice to contributing, understanding and explaining the phenomena generated with the new theories, with data collection being handled under bibliographic research and documentary with the collection of information relevant to the triggering of the theme, secondary data are used that are already collected, tabulated, ordered, published in articles, on the internet and in books, by companies, institutions or by the government, available to interested parties. Concerning the conclusion, with the advent of the cooperation of the judge, there is an important milestone in the evolution of civil procedural legislation to obtain faster, fairer and more effective decisions in light of the fundamental principles set forth in the Magna Carta and in international conventions. In addition to benefiting the parties, it will protect the magistrate legally in the initiation of the process, mainly in the production of factual evidence. Lastly, it is reported that this work contributes to the academic research and professional practices of the legal operators, demonstra-ting the importance of the magistrate's role as manager of the process, orienting the parties to the probative production, whose scope is the real truth in Detriment of the technicality, expediting the speed in the dispatch of the demands and the legal security the decisions.