Princípio da cooperação e descoberta da verdade material: contributo ou obstáculo? | 2012

Author(s) Maria Daniela Costa Peixoto
Advisor(s) Elizabeth Fernandez
Year 2012

Synopsis This thesis has as its subject the principle of cooperation in the Portuguese civil procedural law and its relationship with the demand of the discovery of the truth of the facts presented in court by the parties. Cooperation procedural and discovery of material truth are realities that the Portuguese legislator introduced us as inseparable in the sense that the principle of cooperation is a viable and suitable instrument to achieve material truth in this process and will establish easily under cooperation between all stakeholders procedural. Now we all know that cooperation, loyalty, honesty and truth are values that any democratic society wants to prevail in any situation in life, even in legal life. Hence, the historical evolution of law has always conveyed that justice’s always associated with the idea of truth, although each season to ascertain the truth had been hit by different means. Thus, the principle is the evolution of cooperation as a means of ascertaining the true starting point of our study, leaving out other values for which the principle of cooperation can also contribute. However, the interest of this research relates to a substantially different approach from what the legislature and most of doctrine give us about the potential of the principle of cooperation. It is clear that in a context where all cooperate, work in pursuit of the same goal, that goal will be achieved with ease. Indeed, this is evidence that this research seeks to counter. After a thorough analysis of the principle of cooperation in different periods of coding Portuguese civil procedural law, we conclude that not always and not on all occasions and helped contribute to the discovery of truth.

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2018-07-10T15:48:53+00:00