DESJUDICIALIZAÇÃO DA EXECUÇÃO CIVIL: MECANISMO PARA A DEMOCRATIZAÇÃO DO ACESSO À JUSTIÇA NO BRASIL?

Abstract

The present work deals with access to justice and, based on this topic, addresses the dejudicialization of judicial acts related to the enforcement of extrajudicial and judicial titles. It was conducted a bibliographic and documentary research that initially focused on the concept of access to justice and the practical obstacles to its realization – notably, the slowness that plagues the state judiciary due to the large number of lawsuits in the country – based on the studies of Cappelletti and Garth. It then delved into the phenomenon of dejudicialization and its benefits in terms of procedural expediency and the effectiveness of judicial services, and, subsequently, specifically addressed the dejudicialization of civil enforcement. The paper examined the provisions of Portuguese procedural legislation, which provide a dejudicialized model for execution and have particularly inspired the national debates, even influencing the proposition of the Bill nº 6.204/2019. The data collected through the research were qualitatively analyzed using a deductive method. In conclusion, it was possible to infer that the dejudicialization of civil enforcement is a measure capable of effectively contributing to the renewal and democratization of access to justice. This mechanism has the potential to expedite execution procedures and reduce unnecessary state intervention in disputes between private parties.