The Cooperative Model of Procedure

fectiveness, Good Faith, and Collaboration in Judicial Decision-Making

Abstract

This article analyzes the cooperative model of procedure introduced by the 2015 Code of Civil Procedure, which represents a paradigm shift toward a democratic and participatory process grounded in the principles of objective good faith, collaboration, and equality of arms. The study seeks to understand how procedural cooperation contributes to the effectiveness of judicial protection and to the democratic legitimacy of judicial decisions. Qualitative in nature and based on a descriptive-analytical approach, the research relies on bibliographical review and normative analysis, focusing on Article 6 of the CPC and its implications for the behavior of judges and parties. The cooperative model overcomes the adversarial logic and the authoritarian stance of the State, imposing duties of loyalty and transparency on all procedural actors. The study concludes that the full realization of this model demands a cultural transformation founded on good faith and procedural dialogue, fostering a more participatory, efficient, and just jurisdiction.