O novo modelo processual cooperativo e a audiência de saneamento compartilhado

Abstract

The present scientific article aims to analyze the new cooperative process system that establishes the principles of cooperation and dynamic contradiction as fundamental norms of civil process, a procedural paradigm change established by the Code of Civil Procedure of 2015. Reflecting this paradigmatic change in the civil judicial activity to discuss the application of a new institute introduced by the new procedural law: the shared sanitation hearing, foreseen in art. 357, § 3 of the CPC. It seeks to demonstrate the obligation to perform the sanitation hearing in complex causes based on the proposed new sharing system, as well as its benefits for the construction of a more effective and democratic sanitation decision. For this, a bibliographical research was carried out, observing the references of the specialized doctrine, and analysis of the pertinent civil procedural legislation, under the spectrum of the basic principles of the Democratic State of Right.