O projeto de Lei 6.204/2019 à luz dos princípios constitucionais do acesso à justiça, devido processo legal e responsabilidade patrimonial: (im)possibilidade de desjudicialização da execução civil

Abstract

The National Council of Justice (CNJ) is responsible for annually preparing the "Justice in Numbers" Report, the main source of statistical data for the Judiciary, in which its most recent study for the base year 2022 contains analysis and indicators regarding the bottleneck of civil enforcement in the judicial system, given the congestion of processes and slowness in satisfying the creditor's rights. Although, historically, tax enforcement is the largest concentration of judicial obstruction, the issue surrounding the performance of civil executive supervision occupies second place. In this scenario, the doctrinal debate was encouraged in search of solutions, among them, the proposal of Law Project No. 6,204/2019, which provides for the dejudicialization of the civil execution of judicial and extrajudicial executive titles, with the attribution to the notary of protest the exercise of the functions of enforcement agent. Because of this, the general objective of the research was to analyze the principled viability of the aforementioned Law Project to the constitutional principles of the process, namely: access to justice, legal process and property responsibility, through the deductive method and bibliographic procedure. Therefore, initially there will be an approach to conceptual issues regarding the current functioning of civil execution in the Brazilian legal system, including the crisis that is plaguing the Judiciary. Next, there will be a study of the general notions of dejudicialization, as well as the Law's Project proposal. Finally, the selected constitutional processes will be addressed, with subsequent analysis of their respective viability given the provisions of the dejudicialization proposal. From this analysis, it was concluded that the main bottleneck in civil enforcement lies in the difficulty of finding assets, whether due to the defendant's lack of assets or deficiencies in the search for assets arising from the difficulties created by the defendant. Therefore, it was possible to identify the points of the Law Project that lacks compliance with the principles of access to justice, legal process and property responsibility, given the Project's greatest concern with generating speed in executive supervision, to the detriment of observing rights and fundamental guarantees.