Cooperação judiciária nacional: o ato concertado como hipótese de modificação de competência

Abstract

The national judicial cooperation institute has gained new outlines with the Civil Procedure Code of 2015, which made the subject more important, revealing itself as an instrument capable of contributing to the more efficient and less bureaucratic functioning of the Judiciary in view of the current massive volume. of processes. The objective of the present study is to analyze how judicial cooperation has been gaining strength in the national scenario, especially with regard to the concerted act, which appears as a skillful instrument to enable the modification of competences and to confer greater efficiency and security to the procedural development, pointing out its social and legal repercussions. The theme brings important considerations, not only for Civil Procedural Law, but for the entire Brazilian Legal System. Basic aspects of judicial cooperation were analyzed, especially the possibility of legal procedural deals being reached between the concerting courts, and if the practice of these acts, especially for the modification of jurisdiction, would have procedural feasibility to subsequently analyze their practical manifestations in order to attest to their contribution to greater procedural speed. The conclusion presents a discussion about the need for a greater maturation of the theme, especially with regard to the performance of concerted acts, given that they can serve to provide greater efficiency and legal certainty to the demands in the first instance.