Extrajudicialização das execuções civis: uma análise da experiência no direito lusitano e sua aplicabilidade no Brasil através dos Tabelionatos de Protesto

Abstract

This monograph examines the extrajudicialization of civil executions as a strategic alternative to address procedural delays and improve efficiency in meeting obligations. The study emphasizes the experience of the Portuguese legal system, highlighting its potential application in the Brazilian context. Thus, the following research problem is established: is it possible to adapt, through Notary Offices of Protest, the experience of extrajudicial executions of Portuguese law to the Brazilian legal context? The hypothesis raised in this work is that it would be possible, through an administrative, extrajudicial and autonomous procedure. Initially, the theoretical foundations of civil execution are addressed, as well as the difficulties faced by the Judiciary in Brazil, marked by an overload of procedures that compromises the effectiveness of executions. Then, the reform of the Portuguese civil execution system is examined, which transferred executive functions to private agents, such as notary offices, resulting in greater speed and specialization. The Portuguese experience emerges as a relevant model for Brazil, especially in light of Bill No. 6,204/2019, which proposes the implementation of an extrajudicial enforcement system within the scope of Notary Offices of Protest. Finally, the article reflects on the feasibility of implementing this model in Brazil, considering the positive impacts that extrajudicialization could bring to the effectiveness of the civil enforcement process, in addition to potentially strengthening citizens' confidence in the ability of the judicial system to promote justice quickly and effectively.