Trabalho de Conclusão de Curso de Graduação
A desjudicialização da execução civil sob a ótica constitucional
Fecha
2023-07-12Registro en:
Mello, A. L. C. de O. A desjudicialização da execução civil sob a ótica constitucional. 50 p. Trabalho de Conclusão de Curso de Graduação em Direito - Universidade Federal de Santa Maria, Santa Maria, RS, 2023.
Autor
Ana, Lauren Cardoso de Oliveira Mello
Institución
Resumen
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.