Adjudicação compulsória extrajudicial: os aspectos teóricos e jurídicos que fundamentam à necessidade desjudicialização

Abstract

Brazilian law, with the promulgation of the 1988 constitution, made significant contributions to the implementation of a democratic regime in Brazil. However, over the years, with obstacles faced that hinder the guarantees present in the Magna Carta, Brazilian law has adapted to constant changes, mainly in the policy of judicialization. That said, the legislator, when faced with the constant growth of judicial demand, as a mean of encouraging the resolution of conflicts outside the judicial sphere, was inclined to decentralize legitimacy to resolve various conflicts, including compulsory adjudication. Therefore, we seek to understand the aspects that guide dejudicialization and compulsory adjudication, both judicial and extrajudicial. Furthermore, there is a clear need to explain the procedures and documents that are essential for the compulsory award to be resolved extrajudicially. As a result of the research regarding the dejudicialization of compulsory adjudication, it is clear that its efficiency in the extrajudicial route promotes a reasonable duration of the process and access to justice. Regarding the methodology applied, books, scientific articles and an interview on the topics mentioned above were used.