A COOPERAÇÃO PROCESSUAL NO MODELO CONSTITUCIONAL DE PROCESSO

The present article aims to present the cooperation inscribed in article 6 of the CPC/ 2015 from the constitutional model of procedure, based on the principle of contradictory as a guarantee of influence and not surprise. The methodological procedure used consisted of a bibliographical review about the constitutional process and procedural cooperation. The proposal to develop a study on procedural cooperation in the constitutional process model was motivated by the visualisation of which authors have used procedural cooperation to support concepts that reinforce judicial solipsism and increase the powers of the Judge State does not conform to the dictates of the Democratic Rule of Law. For that, an analysis was made of the constitutional process, understood as a pillar of the Democratic State of Right and marked by the articulation between contradictory and the basis of decisions. It also analyses the fundamental norms of the CPC/2015 that are attached to the constitutional process. This analysis of the necessary reading of procedural cooperation by the principle of adversarial law makes it possible to make progress in procedural law, since it empowers a monopoly on the interpretation of law by judges and tribunals and contributes to the creation of a shared environment. Having achieved this objective, it was possible to criticise the aspects of procedural cooperation that still maintains the judge as the above party and conclude that the principle of adversary and the constitutional process are the democratic foundations of procedural cooperation in the Code of Civil Procedure of 2015.