Cooperative duty of consensuality and the State

Resumen

This work analyzes whether, within the cooperative process model, there is a duty of consensuality, and whether, in view of this duty, the State not only has the possibility of composing or settling the litigation, but also the duty to seriously consider opportunities and proposals of settling. It also seeks to discuss the consequences of non-compliance with this duty of consensuality for the parties, including for the State when acting in court.

DOI: 10.56238/sevenIIImulti2023-018