THE COOPERATIVE PROCESS MODEL AND PROCEDURAL FLEXIBILIZATION

Abstract

The legislator of the Civil Procedure Code of 2015, attentive to the contours of contemporary society, introduced in the Brazilian system mechanisms of greater adequacy for the treatment of the current conflicts. Among them, procedural flexibility deserves special emphasis, developed from the perspective that the previous formal rigidity in the conduction of the process was no longer able to deal with the new demands, and the cooperative process, characterized by the new dimensioning of the judge‟s performance and his relationship with the parties. The present article is directed to the analysis of these mechanisms and their compatibility with the other process fundamental guarantees.

Keywords

• new civil procedure code
• procedural flexibilization
• duty of cooperation
• constitutional guarantees of the process