THE PROCEDURAL COOPERATION AND THE CODE OF CIVIL PROCEDURE

Abstract

This article aims to examine the principle of procedural cooperation, from a dogmatic perspective. It employs the deductive method to carry out a qualitative and exploratory research, based on bibliographic and documentary analyses. It identifies that procedural cooperation is both a third way to the dichotomy of adversarial/inquisitive models and a consequence of the democratization of the process, which links jurisdiction to popular sovereignty and fundamental rights, based on the constitutionalization of the adversarial proceedings and due legal process. It understands that procedural cooperation, as a fundamental rule of the process, is umbilically linked to the constitutional principles of due legal process and adversarial proceedings, contributing to their infra-constitutional implementation. It analyzes that procedural good faith helps in the implementation of the
procedural cooperation, as it is also associated with due legal process and substantial adversarial proceedings, which ends up reflecting on other institutes of the procedural legislation, such as procedural conventions, shared procedural sanitation, dynamics distribution of the burden of proof and the magistrate’s cooperative duties. Finally, it concludes that procedural cooperation is a citizens’ fundamental right, which contributes to the production of legitimate judicial decisions.