A AUDIÊNCIA DE CONCILIAÇÃO É (IN) COMPATÍVEL COM A TUTELA EXECUTIVA

Abstract

This study analyzes the effectiveness of executive protection in Brazilian civil procedure, focusing on hearings conducted directly by the judge. The research problem centers on the performance crisis of civil execution and the obstacle of confidentiality in mediation sessions for substantiating coercive measures. The study is justified by the need to balance credit satisfaction with the protection of the debtor's dignity and the efficiency of the Judiciary. The main objective is to propose the judicial hearing in the execution phase, primarily dedicated to the pursuit of an agreement and cooperation between the parties and, subsidiarily, as a strategic mechanism for patrimonial assessment to diagnose real insolvency, protect the existential minimum, and legitimize the use of procedural sanctions. The methodology employed consists of bibliographical and documentary research, with a qualitative approach, based on procedural doctrine and reports from the National Council of Justice. It concludes that the active management of the judge in the hearing moralizes the executive rite, as it allows mitigating the principle of lesser burdensomeness in cases of strategic default and strengthens the application of atypical executive measures, ensuring transparency and the delivery of the useful result of the process.