THE SHARED ORGANIZATION COURT HEARING OF ART. 357, § 3, CPC / 2015 AND THE PRINCIPLES OF COOPERATION AND EFFECTIVENESS

Abstract

The purpose of this de work is to study, from the perspective of the cooperative process model, the role of the judge and its performance in the organization and regularization phase, specifically in the regularization court hearing set forth in art. 357, § 3, of the Code of Civil Procedure. In the cooperative process model, originating from the principle established in article 6, of the Code of Civil Procedure, the judge should promote constant dialogue and debate with the other subjects of the process, with a view to obtaining, in a reasonable time, a decision of fair and effective merit. Considering this new procedural model, the judge should promote the reorganization of any defects or irregularities and also plan the next steps jointly with the other subjects of the process. In the research carried out, it was verified that the realization of the shared regularization court hearing, built in a cooperative way by the subjects of the process, contributes to give greater effectiveness to the process and also to legitimize the provision of judicial protection.

Keywords

• share regularization
• cooperation
• effectiveness