Normas fundamentais no Código de Processo Civil : o princípio da cooperação como mecanismo de efetivação do direito

Abstract

Among the various possible approaches to the constitutionalisation process of infraconstitutional norms, perhaps the study of the principles inserted in the civil procedural codex emerges as one of the subjects of greater relevance to the operators of law. The legislator endorsed the structure of the fair process as an instrument for guaranteeing access to justice under the basic rights approach applicable to the judicial protection provided by the modern Democratic State of Law . Among the various principles, each one with its specificity, perhaps that of cooperation, is the one that best fits the process of democratization of the State. The principle cornerstone of the cooperative model of process, currently in force, allows the exercise between parties and magistrates to proceed in a harmonious way, although conflicting interests are represented, through procedural loyalty, that despises unnecessary acts and emphasizes the importance of procedural efficiency, this being not confused with the resolution of the litigation in record time, but rather, respecting useful duties and procedural acts, that, in the end, the substantial and procedurally fair outcome is possible.