Atuação do magistrado na execução no modelo cooperativo de processo.

Abstract

This study aims to reflect on how the use of technological tools by the judge, based on the cooperative model of the process, can solve the delays and difficulties in the execution processes in Brazil. Based on the duties of cooperation inherent to the activity of the judge, we tried to demonstrate that the performance of the procedural subjects should occur in a working community, being the judge responsible for helping and removing the obstacles that may present themselves in the search for information about the debtors' assets. In this context, it is believed that the use of data processed by technological instruments can be a channel for the discovery of assets owned by debtors, which are capable of fulfilling the credit subject to litigation. Thus, based on the modernization of the procedural tools and the cooperative effort of the participants in the process, we can glimpse a way to solve the problem that the high rate of pending cases in the execution phase represents.