THE PRINCIPIOLOGICAL SENSE OF THE TERM COOPERATION IN THE CIVIL PROCESS CODE

Abstract

This article discusses the juridical and theoretical meaning of the term procedural cooperation in the Code of Civil Procedure in force. For this purpose, the Code of Civil Procedure for the year 2015 will be analyzed, which gives the magistrate the duty to guide his action as a collaborating agent of the process. The principle of cooperation is found in article 6 of the Code of Civil Procedure, and it will be seen that all the subjects of the process must cooperate with each other to obtain a fair and effective decision in a reasonable time - thus, it serves both to the judge as to the parties the system of cooperation in the process, it being incumbent upon the judge to act as an active participant of the adversary, so that there is speed and a fair trial. Given all this, this principle defends the need for a participatory democracy in the process, with the most active exercise of citizenship.