THE COOPERATIVE PROCESS AS A PRADAIGM FOR THE REDIMENSIONING OF THE JUDGE’S ACTIVITY AND THE OVERCOMING OF HARMFUL PRACTICES OF JUDICIAL ACTIVISM: THE APPLICATION OF THE NEW MODEL DECISION BY THE SUPERIOR COURT OF JUSTICE

Abstract

The paper analyzes the structural changes in the study and design of civil procedural science, in order to highlight the deviations that have occurred in our country that led to the increase of judicial protagonism and the need to build a new process paradigm to combat harmful practices judicial activism. Using as a methodological option bibliographical research and the jurisprudence of the Superior Court of Justice, we start with the study of neoconstitutionalism, as a theoretical framework decisive for structural changes in procedural science, which, in our country, ended up generating a judicial role. The following is an analysis of the search for a new procedural model capable of overcoming judicial activism. It is concluded, with support in the most recent judgments of the Superior Court of Justice, that the cooperative process model, provoking a paradigm shift and resizing in the role of the judge, has proven to be effective in combating the harmful practices of activism practiced by some judges.