Cooperação processual: promessa ou realidade?

The article investigates procedural cooperation as enshrined in the Brazilian Code of Civil Procedure of 2015, analyzing its origins, implementation, and practical challenges in Brazil. The main objective is to verify whether the procedural cooperation proposed by the CPC/2015 is, in fact, being implemented. The research adopts a historical and comparative method, examining the evolution of procedural cooperation in the German and Portuguese legal models, as well as a deductive and hypothetico-deductive approach, contrasting the legal norm with its practical application in Brazil. It employs bibliographic, documentary, and empirical research, analyzing 2,536 legal summaries from the Court of Justice of Minas Gerais (TJMG), classified using artificial intelligence tools with 91% accuracy. The study reveals that, while procedural cooperation aims to balance responsibilities between judges and parties, in practice, judges frequently fail to fulfill duties such as dialogue and consultation without facing sanctions, whereas parties are subjected to clear penalties. This asymmetry reflects neoliberal influences, prioritizing productivity and efficiency over the quality and democratization of the legal process. The article concludes that procedural cooperation, as codified, perpetuates structural inequalities and fails to materialize as a democratic working community. Profound reforms are necessary to align its application with constitutional values, ensuring equality among procedural subjects and greater effectiveness in judicial decisions.

Authors

Publication Details

Journal
Revista do Instituto de Hermenêutica Jurídica
Published
2024-12-01
DOI
https://doi.org/10.52028/rihj.v22.i36.art04.mg
Primary Topic
Brazilian Legal Issues
Type
article
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article

Cooperação processual: promessa ou realidade?

Natália Chernicharo Guimarães
Revista do Instituto de Hermenêutica Jurídica
Brazilian Legal Issues
article

Cooperação processual: promessa ou realidade?

Natália Chernicharo Guimarães
article en

Abstract

The article investigates procedural cooperation as enshrined in the Brazilian Code of Civil Procedure of 2015, analyzing its origins, implementation, and practical challenges in Brazil. The main objective is to verify whether the procedural cooperation proposed by the CPC/2015 is, in fact, being implemented. The research adopts a historical and comparative method, examining the evolution of procedural cooperation in the German and Portuguese legal models, as well as a deductive and hypothetico-deductive approach, contrasting the legal norm with its practical application in Brazil. It employs bibliographic, documentary, and empirical research, analyzing 2,536 legal summaries from the Court of Justice of Minas Gerais (TJMG), classified using artificial intelligence tools with 91% accuracy. The study reveals that, while procedural cooperation aims to balance responsibilities between judges and parties, in practice, judges frequently fail to fulfill duties such as dialogue and consultation without facing sanctions, whereas parties are subjected to clear penalties. This asymmetry reflects neoliberal influences, prioritizing productivity and efficiency over the quality and democratization of the legal process. The article concludes that procedural cooperation, as codified, perpetuates structural inequalities and fails to materialize as a democratic working community. Profound reforms are necessary to align its application with constitutional values, ensuring equality among procedural subjects and greater effectiveness in judicial decisions.

Revista do Instituto de Hermenêutica JurídicaVol. 22(36)
Openalex Percentile: Top 48%
Brazilian Legal Issues
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