THE REACH OF COLLABORATION ON THE DUTY OF THE FOUNDATION OF JUDICIAL DECISIONS – ANALYSIS OF ART. 489, § 1º, IV, CPC/2015

Abstract

It is intended to establish, first, an outline of the historical unfolding of the civil process, based on the perspective of the School of Civil Procedure of São Paulo, briefly addressing the syncretist, conceptual and instrumentalist phases. It then enters into the study of collaboration, visualized as a process model and also as guiding principle. Lastly, it is sought to establish some premises about the scope of the duty to justify judicial decisions, and then to relate their proper accomplishment, especially based on the provisions of art. 489, § 1º, IV, of CPC/2015, to the prior observance of the collaboration.

Keywords

• civil process
• collaboration
• principle
• foundation of judicial decisions