The mythical nature of procedural cooperation

Abstract

In this essay it is critically examined two self-proclaimed cooperation pil-lars, as elaborated by “cooperativist doctrine”, namely, concerned about a balanced division of tasks and the re-dimensioning of contradictory towards a strong meaning. Ii is defended that the first doesn’t underpin itself before its own internal premises and that the second is not a peculiarity which distinguishes the cooperative model from the others. It is also sustained that the cooperation duties sometimes are mere metonymies, sometimes are unconstitutional, mainly the assistance duty that maintains and amplifies the formal and material direction powers of the process by the judge.