Cooperação e operosidade. A inobservância do dever de colaboração pelo juiz como fundamento autônomo de impugnação

Abstract

The dissertation exploits the duty of collaboration in the judicial activity. A historical background demonstrates the transformation of the relationship between judges and parties over time, the evolution of procedural law and also the inflows of formalismo-valorativo in the contemporary civil procedure. The foundations of the new cooperative process model are also outlined as well as the origins and parameters of cooperation. Further, the study examines the legal nature of cooperation and its manifestation in foreign law. An overview of the subject matter is given under the Civil Procedure Code of 1973 and the New Civil Procedure Code, with emphasis on the duties of the judge in relation to cooperation: clarification, consultation, prevention and assistance, highlighting the "duty of commitment", which revives the idea of operosidade and maximum dedication to the cause. Additionally, the study discusses the relationship between cooperation and procedural negotiation and, at last, examines the possibility of invoking the non-compliance of the collaboration duty by the judge as basis for an autonomous impugnation claim.