PARTIES’S COOPERATIVE DUTIES: DO THE PARTIES HAVE A DUTY TO EXPOSE UNFAVORABLE PRECEDENTS? as partes têm um dever de expor precedentes desfavoráveis?
This paper analyzes whether the model of cooperative civil procedure or the very principle of cooperation enshrined in the Code of Civil Procedure imposes a duty of candor on the parties, as suggested in a recent precedent by the Superior Court of Justice, and following the example of US procedural...
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| Format: | Online |
| Language: | Português |
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TJDFT
2023
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| Online Access: | https://revistajuridica.tjdft.jus.br/rdj/article/view/869 |
| Summary: | This paper analyzes whether the model of cooperative civil procedure or the very principle of cooperation enshrined in the Code of Civil Procedure imposes a duty of candor on the parties, as suggested in a recent precedent by the Superior Court of Justice, and following the example of US procedural law. This study makes a brief incursion into American law, in order to apprehend the notion of duty of candor, and also discusses the relationship between precedents and the cooperative process model. In the end, it is concluded that, despite all the ethical guidelines adopted by the Code of Procedure, there is no duty in Brazilian law for the parties to assist the court by exposing unfavorable precedents to their own claims, taking into account the lack of legal provision to punish this conduct. |
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| ISSN: | 2675-9640 |
| DOI: | 10.22477/rdj.v114i00.869 |