A boa-fé e sua estruturação no Código de Processo Civil

Abstract

The object of study of this monograph is to analyze the application of the principle of good faith in the systematics of Brazilian Civil Procedural Law. Therefore, it is considered to analyze the definition of good faith and the historical evolution of this principle and its applicability in the current procedural system. In this direction, it intends to consider the doctrinal and jurisprudential aspect, trying to interpret in a didactic and systematic way the application of the principle of good faith in the Code of Civil Procedure. Although good faith is present in the legal order, the concept of subjectivity has introduced a dualism between applying it or not. With this, all the doors were opened for the discussion on the necessity of alignment of the categories of an integral and adequate dogmatic system that takes seriously the principles of the constitutional model of process and that it applies standards of open formation. The general objective is to identify how doctrine and jurisprudence have behaved with the insertion of good faith in Brazilian procedural law. It is quite possible that the view of the past, which did not take the applicability of the principles seriously from the perspective of not being able to deal with the procedural system with open standards, is now facing the contemporary tendency to prioritize good faith as a member of the legal system of the New Code of Civil Procedure.