A execução extrajudicial no direito português e a possibilidade de sua utilização como paradigma à extrajudicialização das execuções civis no Brasil

Abstract

One of the major causes of the slowness of the judicial system for the provision of jurisdiction, currently, is the execution process, or, in other words, the way in which the executive procedure is structured in Brazil. The concentration of all executive acts in the Judiciary restricts the course of the procedure, increasing the waiting time and excessively prolonging a provision that is precisely intended to carry out the right recognized in the cognitive phase, in addition to unnecessarily keeping in progress actions that inevitably they will be fruitless. Analyzing the Portuguese legislation, however, we can observe that a series of reforms in the procedural area made possible the decentralization of the executive attributions of the judiciary to the extrajudicial scope, guaranteeing greater celerity and effectiveness in the search and constriction of assets, in addition to allowing an early analysis feasibility of execution, saving waste of material and human resources. In this sense, the general objective of this work is to analyze the possibility of applying the Portuguese extrajudicial execution model to the Brazilian civil execution system. The methodology was the bibliographic research, with the survey of books, articles, theses and related jurisprudence. We also used the hypothetical-deductive method, starting from a premise established as a problem until the conclusion of the work, with the confirmation of the initial hypothesis.