PROCEDURAL LEGAL BUSINESS IN EVIDENTIAL MATTERS: ANALYSIS FROM THE COOPERATIVE PROCESS MODEL

Abstract

This study deals with procedural business to analyze procedural legal business in evidentiary matters from the cooperative process model. For this, we specifically seek to: address the cooperative model of process and the procedural legal business, discuss the modality of procedural legal business in evidentiary matters and analyze the relationship between the evidential model and procedural legal business. Thus, research methods characterized as bibliographic were applied, carried out from literature published in a database through a survey and discussion of the theme with a qualitative approach. The results demonstrated the development of the civil process, so that it can be contextualized and reached the cooperative model of process, such as the expansion of the current clauses and the hypotheses of procedural conventions in evidentiary matters of typical and atypical elements, according to CPC/15. Thus, conclusively, for the agreements to be validly entered, it would be necessary to comply with various validity requirements, both substantive and procedural law, about the supposed impossibility of negotiating the powers of third parties, in view of the cooperative model process, there is the possibility of negotiating the probative scenario and not negotiating the judge's instructional power.