A atuação das serventias extrajudiciais como instrumento para desjudicialização da execução civil no ordenamento jurídico brasileiro
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Date
2021-05-30
Journal Title
Journal ISSN
Volume Title
Publisher
Universidade Católica do Salvador
Abstract
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.
Description
Keywords
Desjudicialização, Execução civil, Serventias extrajudiciais, Dejudicialization, Civil enforcement, Extrajudicial services