O papel do juiz no processo civil cooperativo

• Autor(a) principal: Buttini, Juliana Malta
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34560
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Processo civil cooperativo; Deveres do juiz; Juiz como sujeito do contraditório; Cooperative civil process; Duties of judge; Judge as a subject of adversarial principle

This work intends to investigate the meaning of cooperation between all the subjects of the process, as well the rule of the judge as a subject of cooperative civil process. It exposes the notion of civil process model and its classifications according to the ways of dividing work and powers between parts and judge, doing a comparison between adversarial, inquisitorial and cooperative models. It relates this last to constitutional principles, concluding that it is the most adjusted to the democratic State of law and it is derivative of Federal Constitution, so that it was possible to identify some of its manifestations at the previous Civil Procedure Code. It analyses the contents of article 6o of the present Civil Procedure Code and demonstrates the necessity of the involvement of all the subjects of the process broadly considered to obtain just and effective decisions of merit in reasonable time. It enumerates several examples over the Civil Procedure Code that makes evident the adoption of the cooperative model as a community of work. It discourses about the duties of elucidation, consult and dialogue, prevention and assistance imposed to judge, showing that, despite of the problems of practice application and questioning about its existence, these duties are useful at least to enable the systematization and comprehension of the cooperation between judge and parts. At last, it analyses the insertion of judge as a subject of the adversarial principle and concludes that it express the inexistence of superiority during the process. It also concludes that the judge must to be more active, but it does not correspond to a violation of his impartiality