A contribuição portuguesa para o processo de execução civil de títulos extrajudiciais por quantia certa e sua aplicabilidade no direito brasileiro
No Thumbnail Available
Date
2021-12-14
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Universidade Católica do Salvador
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.
Description
Keywords
Execução civil, Desjudicialização, Inafastabilidade da jurisdição, Civil execution, Dejudicialization, Inevitability of control of jurisdiction