Especialização em Direito Processual Civil

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Browsing Especialização em Direito Processual Civil by Subject "Civil enforcement"

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    A atuação das serventias extrajudiciais como instrumento para desjudicialização da execução civil no ordenamento jurídico brasileiro
    (Universidade Católica do Salvador, 2021-05-30) Moreira, Nathalia Lutterbach Pires; Paradela, André Sigiliano; http://lattes.cnpq.br
    This monograph deals with the performance of extrajudicial services as an instrument to dejudicialize civil enforcement in the Brazilian legal system, analyzing the Civil Procedure Code, Bill No. 6.204 / 2019, articles, monographs and master's dissertations and doctoral theses about that theme. The research problem revolves around the following question: it is possible to combat the crisis of the non-enforcement of the creditor's right in civil execution and the slowness in which the state jurisdiction is plunged from the judicialization of civil execution in Brazil through extrajudicial services? The present research is justified, considering that the dejudicialization of civil execution is an instrument for effecting the reasonable duration of the process. Thus, the objective was to carry out an analysis and critical reading in relation to the arguments made by some Brazilian scholars, such as Flávia Pereira and Flávia Hill, comparing with the model adopted in other countries, such as Portugal, Spain and France. The research is qualitative for an approach, using a deductive method: from the doctrine, articles and legislation, the understandings regarding the referred theme will be analyzed. In the end, it was concluded that the advantages of this model outweigh its weaknesses, since some of the consequences are a greater efficiency in the executive process and the consequent release of the Judiciary from the dejudicialization of civil execution through extrajudicial services.