A boa-fé e a cooperação no Código de Processo Civil Brasileiro: o dever de mitigar o prejuízo aplicado à execução das astreintes

Abstract

The principle of good faith, despite not having expressly constitutional seat, results from others that do, such as the principles of human dignity, solidarity and equality. In this scenario, the ethical-moral content and the sealing contradictory and unfair behaviors influence all branches of law, including civil procedural. The fact of the subjects to do only what they want to, aiming their own interests, must be reflected by constitutional values. It requires, at least, a performance within ethical standards and cooperation. That is why the relevance to analyze the duty to mitigate the loss at the time of execution of astreintes, because that who does not undertake sufficient efforts to the ultimate protection of their rights, can not be benefited from the astreintes.