The consensual legal acts between cooperating judges

the outline of a theory for Brazilian Law

Abstract

The article aims to investigate the concerted act between cooperating judges, a novelty brought by article 69, paragraph 2 of the Code of Civil Procedure 2015. To this end, the following questions were answered, among others: i) is the concerted act between cooperating judges a legal dealing of procedure? (ii) what role do the parties play in “concertation”? iii) is the concerted act a technique of alteration of jurisdiction for judgment and, if so, is it compatible with the principle of the natural judge? iii) how can the concerted act generate more efficiency in the judicial rendering? We maintain that the concerted act is based on the casuistic development of techniques aimed at the construction of an efficient and fair process through the concerted exercise of competencies. Vulnerable is the content traditionally attributed to the principle of the natural judge, which needs to be rethought from the reality of the present times. The theme is consistent with the idea that the Judiciary is one, making it necessary to cooperate among the courts, at the initiative of the magistrates and without previously defined form, in order to achieve a more efficient judicial protection. In the research, the deductive method was used with doctrinal revision and jurisdictional interpretation.