Princípio da cooperação: uma análise sobre o dever de veracidade das partes no processo civil

Abstract

This article aims to analyze, from the perspective of a cooperative process, the existence of a duty to search the truth, considering the doctrinal and jurisprudential controversies about its aplication and its limits. For this, it will be studied, initially, general aspects of a cooperation principle, seeking understand the proportion os this principle in the procedural model currently adopted for, in a second momento, recognize the existence of a cooperation duty reciprocal between the parties. Then, it will be concretly analyzed the duty of parties to cooperate to build a fair and effective process which is divided into the duty of truth and into the burden of producing proofs. The research adopted the bibliographic reference methodology, with the consultation of books, magazines and articles and jurisprudence, with access to the online platforms of the STJ and TJMG.