Como a teoria rawlsiana influenciou o princípio da cooperação no modelo de processo civil democrático e colaborativo

Abstract

The purpose of this research is to transmit linguistic elements for the understanding of a collaborative procedural model, depending on the participation of those under jurisdiction, in accordance with art. 6 of the Code of Civil Procedure – principle of cooperation, conveying the possibility of obtaining jurisdictional provision from the State-Judge in an even more satisfactory and fair manner. Through the deductive means, the research presents the premises based on the principled and bibliographical analysis to ponder the understanding of John Rawls (1975), who from the theory of 04 (four) stages, using the work A Theory of Justice (John Rawls, 1975) linked to the concept of equal equality between subjects, including the State Judge, so that together, through a qualitative approach, it is possible to analyze the stability of the procedural system of decisions on the merits and for legal certainty. This reflection on the law and the search for satisfactory judicial protection is also dedicated to revealing, in line with its own research, the reason that this political-normative source can corroborate with judicial decisions, considering the pattern of premises of choices within the initial social pact, jointly with the Constitutional, Democratic and Collaborative Civil Procedure instituted by the Civil Procedure Code of 2015 and disseminated by Luiz Guilherme Marinoni (2021), to ensure the performance model of the parties together with the theory now disseminated to base and establish its essential elements, prohibiting decisions surprises, contributing to a joint, symmetrical process in favor of the community.