A contribuição portuguesa para o processo de execução civil de títulos extrajudiciais por quantia certa e sua aplicabilidade no direito brasileiro

Abstract

This research focuses on studying the contribution of the Portuguese State in the adoption of a model for the execution of out-of-court titles for a certain amount, which has been disqualified, in view of the current burden of proceedings in the Brazilian judiciary, as well as the high rate of inefficiency of jurisdictional delivery in this procedural modality. As specific objectives, an analysis of the principle of inaccessibility of the control of the jurisdiction was taken into account in order to understand its limits and to know if the Brazilian legal system allows the implementation of an execution model for the Judiciary Power, as occurs in the Lusitanian State; compare the enforcement system adopted by Portugal with the national system, in order to investigate the possible Portuguese contribution to guarantee the effectiveness of jurisdictional protection, specifically the enforcement demands of extrajudicial title. Finally, it was also a question of reflecting on the need to implement an alternative enforcement system in the light of PL 6.204 / 2019, mainly seeking to contemplate the basic principles of national civil enforcement from the perspective of the Portuguese contribution.