Processo colaborativo: atuação laboriosa dos sujeitos processuais

Abstract

The relevance of the collaborative work in the procedural actions and their contribution to improve adjudication results. Analysis of the systems of structuring procedural and adequacy to our Constitution model. The invasion of ethical values and rereading of the fair hearing principle in logical setting of the assumptions of procedural collaboration. The duties of the parties and their attorneys, fueled by partisanship wrapped and professional relationship developed. The relevance of an active and diligent judge on the cooperative ideal and the extra duties resulting from this. The procedural probity and protection rules through the repressive techniques of social control: the bad-faith litigation and contempt to dignity of justice. The abuse of process as a deviation from permissive legality and the reasoning of the objective good-faith to restrict the exercise of rights. The normative concern in encouraging or discouraging behaviors and the available format to encourage compliance with the rules of law. The reasoning of the objective good-faith, additionally, as a path to be followed by operators of the law in the allocation of more responsibility to the litigants. This contextualization through examination of specific situations.