O princípio da cooperação e a exibição de documento ou coisa no Processo Civil

Abstract

The dissertation seeks to establish the constitutional and legal foundations of the principle of cooperation in civil procedure, describing it as an implicit constitutional principle deriving from the principle of solidarity (art. 3.º, I, Constitution of the Federative Republic of Brazil - CFRB), access to justice (art. 5.º, XXXV , CFRB), due process of law (art. 5º, LIV , CFRB), adversary system (art. 5.º, LV , CF/1988) and reasonable duration of proceedings ( art. 5.º , LXXVIII , CF/1988) . The essay seeks to demonstrate that the principle of cooperation is the basic idea of various provisions of the Code of Civil Procedure (CPC) of 1973 and of the Project of the New CPC, including the art. 339 of CPC/1973 and those that discipline the disclosure of documents and things. The dissertation seeks to establish the limits to the principle of cooperation in the Brazilian legal system, in particular the right to privacy (art. 5. º , X, CF/1988) and the right to remain silent (art. 5.º , LXIII , CF / 1988). At last, the dissertation seeks to establish the essence of the principle of cooperation and the way it operates in civil procedure.