Desjudicialização: a eficiência da adjudicação compulsória extrajudicial como um meio de acesso à justiça

Abstract

The study examined dejudicialization as an alternative to the slowness of the Brazilian Judiciary, with an emphasis on compulsory extrajudicial adjudication as a means of access to justice. The objective was to evaluate how the real estate regularization procedure works and how it can be an alternative to the judicial process. The process used included an analysis of Law No. 6,015/73, amended by Law No. 14,382/22, as well as an analysis of CNJ Provision No. 150/2023, which established the procedural guidelines. The results showed that extrajudicial compulsory execution is faster and less costly. Allows the direct transfer of properties, as long as legal requirements are met, such as proof that the seller did not comply with the contract. Furthermore, the research compared this institute with other forms of dejudicialization, such as adverse possession. It was concluded that extrajudicial compulsory adjudication is a major advance in dejudicialization, as it facilitates real estate regularization more quickly and effectively, in addition to reducing the number of legal proceedings. These strategies help to unburden the judicial system and provide greater legal certainty, which benefits both buyers and the real estate market.