Ativismo-cooperativo na produção de provas : garantia de igualdade das partes no processo civil

• Ano de defesa: 2010
• Autor(a) principal: Lacerda, Maria Francisca dos Santos
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal do Espírito Santo; BR; Mestrado em Direito Processual; Centro de Ciências Jurídicas e Econômicas; UFES; Programa de Pós-Graduação em Direito Processual
• Palavras-chave em Português: Cooperation.; Activism.; Proof.; Power.; Justice.; Ativismo.; Poder judiciário e questões políticas.; Cooperação.; Prova (Direito).; Justiça.; Poderes (Direito).; Juízes.; Direito Processual Civil; 340
• Link de acesso: http://repositorio.ufes.br/handle/10/2702

Works with the Judge`s attitude that, in the view of society, is still distant and haughty, detached from reality that surrounds him, too much protagonist, defying journalists and sociologists criticism, even within the judiciary itself. This posture is more outlined during the process, in touch with the parties. It might be either in the preliminary hearing, or in the instruction, the effective process management depends on the judge, listening, counseling, discussing, an action that the convention called cooperative-activism, in the search of truth that is not absolute, but true, to judge with justice . Brings back to our minds the history of the court's power, its causes, consequences and the court´s paradigm of conviction changing in each time. Studies the Judge´s attitude by means of bibliographical research, assisting the great names of Brazilian and foreign Law as a source of labor doctrinaire. Performs empirical research, with analysis of ended cases, searching for signs and evidence of cooperativeactivism, from the Judge´s attitudes of the civil court of Vila Velha, using index cards, notes, raising data, aiming the demonstration that the justice in the process depends on the judges' active and cooperative posture, taking care of equality of the parties and the celerity of the procedure, to fulfill the constitutional mandate of the reasonable duration of proceeding. The results show that the morosity is the topic subject of the examined cases , and the positive side is that there are judges, although in small numbers, who works with the proof of the office and the management of proceedind, giving voice and turns to the parties in hearing. Relevant questions remained unanswered, because of the pistemological cut of the research. There is a long way to go so that the theory reaches the practice, but the empirical research has shown that there are judges who are concerned about the fairness of the process and not only with conflict resolution and social peace. There is, therefore, evident signs of researched attitudes.