Desjudicialização da execução civil: análise a partir do Projeto Lei nº 6.204/2019

Abstract

Assuming the applicability and inescapability of access to the Judiciary, with this, the application of the right to access to justice has brought a natural increase in legal relations in the civil sphere. And with that, the increase of conflicts that demand solution by the Judiciary. The growth in the number of civil enforcement actions was becoming a large accumulation and overloading the judiciary machine, which was becoming slower and more unattainable to obtain the intended protection. However, in response to the overcrowding of the procedural collection, access to the Judiciary is no longer sufficient to obtain the effectiveness of the jurisdictional provision in a satisfactory manner and within a reasonable period, which started a wave of uncertainty for the jurisdictions. there is a pretension to use measures that induce extrajudicial self-composition, self-protection or transfer the heterocomposition to entities external to the Judiciary. In this context, in order to reduce the length of execution, it opened space for discussion around reducing the role of the Judiciary, with the movement called dejudicialization of execution, which intends to delegate the conduct of execution to the so-called enforcement agent. An analysis of the fundamentals, positives and negatives of the project, combined with the procedural principles already established by the Federal Constitution of 1988, as well as those brought by the Code of Civil Procedure of 2015. Keywords: Dejudicialization. Civil Enforcement .Principle