A contribuição democático-discursiva do princípio da cooperação no CPC de 2015

Abstract

It has been undeniable that in the current historical period, in a phenomenon that encompasses the reality of several countries, there is a crisis that is situated in the context of democracy. We cannot and do not wish to affirm the existence of a collapse or a ruin, but the confirmation that there is one or more crises – with different nuances in different points – is undeniable and deserves full attention. Several factors contribute to this, which has certainly been an expensive object, especially for political scientists and a huge range of other thinkers dedicated to issues of the Democratic Rule of Law, including those in the legal field, even for obvious reasons. The causes of the crisis have different origins and are not easy to answer or resolve. But it is necessary, especially the responsibility of the operator of the Law, who sees himself as an actor inserted in the heart of the democratic cause, not to allow the Law to be used as an instrument of this possible and frightening rupture, which we hope is not inevitable. Thus, there is an urgent need for a circular, generous look, attentive to the whole scene of Democracy and the performance of its components, in the engendering of a participatory reality and in which the great public interests are served to obtain the much desired historically, but so neglected common good. A time like the present requires not only technique, but sensitivity and altruistic attention so that, understanding the condition of the other, one also finds the way to the solution of one's own problems. And the problems to be faced by the actors of the legal scene and the public sphere are, ultimately, the problems of in-depth social dialogue, which, in the Civil Procedure, can and must use the principle of Cooperation, set out in article 6 of the Code Civil Procedure Law 2015. This cooperation, obviously, cannot be achieved in a clumsy way, without assuming a certain equality in the words, it should not happen without synchrony and without harmony, without an ethical conduct of all. This idea of ethics is intended here to ensure that it is discursive ethics, with a firm adaptation to Habermasian thinking (Jürgen Habermas), in a line of procedural treatment of all stages that include the interface between positions that, in principle, in the original furniture , would cause conflicts to have the necessary pacific resolution.