A desjudicialização da execução civil sob a ótica constitucional

Abstract

The present work aims to analyze the dejudicialization of civil enforcement from a constitutional perspective, considering its fundamental aspects. Methodologically, the study relied on the hypothetical-deductive approach. In terms of procedural aspects, bibliographic, documentary, and historical methods were employed. The work is divided into two chapters. The first chapter addresses civil procedure and access to justice. In the first subsection, the historical evolution of access to justice is discussed, highlighting its importance for the protection of civil liberties and the promotion of equality. The second subsection focuses on the crisis in the enforcement procedure, highlighting the burden on the judicial system, the slow progress of proceedings, and the challenges faced in this phase. The second chapter is specifically devoted to the dejudicialization of civil enforcement. In the first subsection, the constitutional limits of civil procedure are examined, with emphasis on the principles and fundamental guarantees established in the Federal Constitution. Next, an analysis of Bill No. 6,204/2019 is conducted, which seeks to delegate the civil enforcement of judicial and extrajudicial titles to notary public offices, with a focus on its conformity with the Constitution and the proposed innovations. Throughout the work, the main challenges and relevant aspects related to the dejudicialization of civil enforcement are explored, such as ensuring due process of law, the constitutionality of the transfer of competencies, and the impact on the realization of rights previously embodied by the Judiciary. The importance of a careful and balanced approach is emphasized, one that preserves legal certainty and the rights of the parties involved. In summary, the study of the dejudicialization of civil enforcement from a constitutional perspective seeks to understand the challenges and opportunities of this measure in the Brazilian judicial system. It is concluded that the dejudicialization of civil enforcement is possible, provided that the optional nature of the extrajudicial route is respected, only non-judicial acts are privatized, and the dispossession acts are non-delegable, under penalty of unconstitutionality.