A atuação das partes na cooperação judiciária nacional: participação e controle

Abstract

This dissertation investigates the role played by the parties in national judicial cooperation, as established in articles 67 to 69 of the Brazilian Code of Civil Procedure. To this end, a bibliographic review of specialized doctrine is conducted, including, when pertinent, the analysis of practical experiences in judicial cooperation. Subsequently, the principle of the adversarial system is examined in order to analyze the constitutional foundations that justify the participation of the parties in the judicial process. Based on the doctrinal content of due process of law and the current configuration of the guarantee of effective adversarial proceedings, the research concludes with an analysis of the formal requirements of the cooperative act and the formulation of possible ways for the parties to participate in and control judicial cooperation acts coordinated by the judicial institutions.