The healing order and the judge actuation at the light of the cooperation principle

Abstract

In the face of innovation presented by the Code of Civil Procedure of 2015, whose systematic established a collaborative model where the procedural subjects were instructed to cooperate with each other, the analysis of the magistrate of actuation in the sanitation phase and organization of the process it shows itself relevant. The judge’s powers-duties unsuspecting in the civil procedural legislation indicate the guidelines so the action can be conduced properly, mainly in the healing order occasion, which represents an important stage of the procedure. Considering that the new CCP seeked to check effectiveness to the decisions of merit and guarantee the reasonable duration of the procedure and, using the deductive method, through doctrinal, bibliographic and documental research, examines the principle influence of cooperation on jurisdictional activity in front of the healing decision, as well as the lack of current legislation application by the judger, which affects considerably the procedural progress and the own deal resolution.