Cooperation in the Legal Process and State in Court: The Interference of the Administrative Legal Regime in the Fulfillment of
Cooperative Duties
Name: LUIZ HENRIQUE PANDOLFI MIRANDA
Publication date: 20/09/2024
Examining board:
Name |
Role |
|---|---|
| ADRIANO SANT'ANA PEDRA | Examinador Externo |
| CLAUDIO PENEDO MADUREIRA | Presidente |
| FRANCISCO VIEIRA LIMA NETO | Examinador Interno |
Summary: Analyze procedural cooperation as a legal principle and as a proceduralmodel, and describe the cooperative duties arising from this principle.Examine and analyze the norms governing the actions of public authorities,considering both the fundamental principles guiding public agents in alladministrative activities and the procedural norms that establish specialprovisions for public agents when acting in court, known as prerogatives ofthe public authority. Based on these elements, address the issue of theapparent contradiction between the norms governing public authorityactivities, arising from the administrative legal regime, and the cooperativeprocedural model, particularly the cooperative duties of the parties injudicial proceedings. Reject the interpretation that procedural prerogativesare privileges of the public authority to remedy any deficiencies of theState, understanding instead that these procedural norms are tools to realizethe public interest. Conclude that the norms governing administrativeactivity are not only compatible with cooperative duties but also promoteprocedural behaviors aligned with procedural cooperation. Demonstrate thatthe cooperative duties of the parties (protection, clarification, informationand truthfulness, and consensuality) can be derived from the fundamentalnorms of the administrative legal regime (principles of the supremacy of thepublic interest over the private, the unavailability of the public interest,legality, impersonality, morality, publicity, and efficiency), dispelling thenotion that this legal regime imposes inappropriate behaviors on thecooperative procedural model.KEYWORDS: civil procedure; procedural cooperation; government in court;administrative legal regime; procedural prerogatives of the goverAnalyze procedural cooperation as a legal principle and as a proceduralmodel, and describe the cooperative duties arising from this principle.Examine and analyze the norms governing the actions of public authorities,considering both the fundamental principles guiding public agents in alladministrative activities and the procedural norms that establish specialprovisions for public agents when acting in court, known as prerogatives ofthe public authority. Based on these elements, address the issue of theapparent contradiction between the norms governing public authorityactivities, arising from the administrative legal regime, and the cooperativeprocedural model, particularly the cooperative duties of the parties injudicial proceedings. Reject the interpretation that procedural prerogativesare privileges of the public authority to remedy any deficiencies of theState, understanding instead that these procedural norms are tools to realizethe public interest. Conclude that the norms governing administrativeactivity are not only compatible with cooperative duties but also promoteprocedural behaviors aligned with procedural cooperation. Demonstrate thatthe cooperative duties of the parties (protection, clarification, informationand truthfulness, and consensuality) can be derived from the fundamentalnorms of the administrative legal regime (principles of the supremacy of thepublic interest over the private, the unavailability of the public interest,legality, impersonality, morality, publicity, and efficiency), dispelling thenotion that this legal regime imposes inappropriate behaviors on thecooperative procedural model.
KEYWORDS: civil procedure; procedural cooperation; government in court;administrative legal regime; procedural prerogatives of the government.
