THE MODEL OF COOPERATIVE CIVIL PROCESS AS AN INSTRUMENT OF JUDICIAL DECISION-MAKING: AN ANALYSIS BASED ON THE MORAL DEVELOPMENT THEORY OF LAWRENCE KOHLBERG

• Autor(a) principal: Marques, Vinicius Pinheiro
• Data de Publicação: 2019
• Outros Autores: Borba, Graziele Coelho, Stefany Saboia Pinto, Raabe
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Esmat
• Texto Completo: http://esmat.tjto.jus.br/publicacoes/index.php/revista_esmat/article/view/282

The Code of Civil Procedure of 2015 adopted the model of the cooperative process, imposing several procedural duties on the parties. The magistrates, in the exercise of the function of deciding, must render decisions properly justified, as recommended in art. 489, paragraph 1, of CPC/2015. The central problem of the research resided in the following question: at what level of argument is the duty to justify the judicial decisions established by the civil procedural norm? The objective of the research was to analyze the level of argumentation required by the CPC/2015 in light of Lawrence Kohlberg's moral development theory. To achieve such aspiration the method used was the deductive, with bibliographical data research with a qualitative approach. The research carried out had a theoretical focus with exploratory purpose. In the end, it was concluded that, due to the cooperative process model, the duty of justification required by the CPC, especially with regard to art. 489, §1, matches to the post conventional level of the Kohlberg theory.