Busca e apreensão extrajudicial no marco legal das garantias: Constitucionalidade e limites jurídicos.

Abstract

This study analyzes the constitutionality and legal limits of the extrajudicial search and seizure of assets within the context of Law No. 14,711/2023, the Legal Framework for Guarantees. Approved as a dejudicialization measure, the law aims to accelerate debt recovery by transferring enforcement actions, previously exclusive to the Judiciary, to extrajudicial offices. The central question is whether this change compromises constitutional guarantees such as due process, adversarial proceedings, full defense, and jurisdictional reserve. The methodology adopted was bibliographical and documentary, with a qualitative focus. It was demonstrated that the extrajudicial procedure does not replace jurisdiction, but complements it, provided that minimum requirements are met, such as notification of the debtor, the right to discharge of arrears, and the possibility of access to the Judiciary. The Supreme Federal Court validated only part of the law, limiting coercive execution to agents of public trust, subject to state oversight. Constitutionality is only affirmed when minimum guarantees and procedural safeguards are in place. Although dejudicialization strengthens procedural efficiency, it highlights the need for regulatory oversight to curb abuses, especially given the country's social inequalities. Thus, the hybrid enforcement model maintains the tension between speed and rights protection, making its rigorous monitoring essential.