Responsabilidade dos atores processuais e cooperação: a obrigatoriedade de indicação dos precedentes contrários à pretensão deduzida em Juízo

Abstract

The paper examines the responsibility of procedural actors arising from the rules on collaboration brought by the Code of Civil Procedure of 2015, presenting the argument of the mandatory indication of existing judicial precedents, even contrary to the claim deducted in court to materialize the democratic procedural model intended by the new civil procedural legislation and in line with the constitutional claim. In the end, he concludes that, just as the Judiciary has an obligation to collaborate, observing judicial precedents, in order to provide trust, credibility and legal certainty, also the other actors in the process need to act in this harmony, indicating the existence of judicial precedent on the topic that it intends to discuss in court, even if, in principle, it is inconsistent with the defended legal thesis. For the preparation of this article, a qualitative, exploratory and descriptive approach was used, through bibliographic research, in books and periodicals.