Desjudicialização da Execução Civil

Abstract

Nowadays, delays in judicial services concern legal scholars, as the high procedural demand contrasts with limited resources, slowing the resolution of disputes. To address this issue, many countries have sought innovations in their legal systems to promote the dejudicialization of enforcement proceedings, the main source of procedural delays. However, this does not imply a complete separation between the Judiciary and the enforcement phase. In many cases, judges continue to play a significant role, as will be demonstrated in this paper. In Brazil, a bill aims to mitigate judicial involvement in the enforcement phase, introducing a substantial change in how legal professionals seek the most appropriate solution. Among the proposed changes, the creation of an enforcement agent stands out, responsible for conducting the process until its completion, with decisions subject to appeal before the competent court. The bill establishes that this role should be performed by the protest notary, who would be responsible for issuing summons orders, conducting notifications, determining asset seizures, and carrying out other essential functions to ensure debt collection.