A constitucionalidade do princípio da cooperação e a sua aplicação na fase probatória no novo Código de Processo Civil

Abstract

This study aims to analyze the principle of cooperation and its development in the CPC/15. It also seeks to draw a parallel between that principle and the procedural good faith , tracing a history of the evaluative formalism. It takes into consideration the opinion of experts on the subject and authors involved in this new phase of proceduralist. The analysis shows how the procedural collaboration is present clearly the evidentiary stage of the procedure, “positivando” cooperation, one of the foundations of the current civil process , in fact the order, and thus a principle rule that should be respected and effectively put in practice looking to improve the procedural reality of the country and, consequently, the Brazilian justice.