A iniciativa probatória do juiz à luz do processo cooperativo

Abstract

This dissertation addresses the issue of the judge's probationary initiative under the lenses of the new structural model of cooperative process brought by the 2015 Code of Civil Procedure. At first, fundamental concepts and premises are addressed for the development of the proposal formulated at the end, such as the relation between process, proof and truth. The work analyzes the classic models of western structuring of the procedural systems, with their historical comings and goings of greater and lesser influence in the legislation, besides presenting the main points of divergence between them. Then, the cooperative process model is treated from its foundations and its irradiation for the creation of duties for the Court and for the parties. The cooperative procedure in foreign law is mentioned. Finally, the dissertation presents an overview of the judge's powers of instruction according to the new structural model of cooperative procedure. At the end, it is proposed a replace of the ex officio probative activity of the judge with the exercise, by the Court, of the duties of consultation, clarification and prevention arising from the advent of the cooperative procedure in the legal order.