EXTRAJUDICIALIZAÇÃO DOS PROCEDIMENTOS ESPECIAIS NO PROCESSO CIVIL E O PRINCÍPIO DA RAZOÁVEL DURAÇÃO DO PROCESSO

Abstract

The extrajudicialization of special procedures aims to alleviate the burden on the Judiciary by allowing matters such as consensual divorce, probate proceedings, and property division to be resolved administratively, this phenomenon is directly aligned with the principle of the reasonable duration of proceedings, as enshrined in Article 5, item LXXVIII, of the Brazilian Federal Constitution, by expediting case resolution without judicial intervention, extrajudicialization also supports the broader goal of reducing bureaucratic hurdles in matters previously reserved for the courts, this shift reflects the principles of contemporary Civil Procedure, which promote alternative dispute resolution mechanisms, contributing to the realization of the fundamental right to a timely process while significantly reducing both timeframes and procedural costs.