Desjudicialização da execução civil: uma análise constitucional.

Abstract

The work proposes to study the constitutional limits for the development of the dejudicialization of civil execution. Notions about the current Brazilian execution model are presented based on the evolution of the State and Jurisdiction relationship. It also exposes the characteristics of judicial execution, the idea of dejudicialization and data on the current performance of the Judiciary in the development of satisfying activity. It also analyzes experiences in the national order of extrajudicial execution, legislative initiatives that seek a reform in the national executive process, as well as the dejudicialization of Portugal, the most representative model to our study. The relevant aspects of fundamental rights and guarantees concerning the executive process are also investigated. Afterwards, a study is made of constitutional institutes concerning the executive function, especially, the reservation and inexorability of jurisdiction. To this end, an investigation is proposed on the regularity of the compulsory nature of the dejudicialized route and the delegation of acts of empire to carry out expropriation acts to agents outside the Judiciary. The work was elaborated from an exploratory dogmatic methodology of constitutional procedural norms, establishing the meaning and scope of these guidelines, taking into account the proposed mechanisms for the dejudicialization of civil execution. It is concluded that it is lawful to speak of dejudicialization of the executive process, provided that the mark of the optional extrajudicial route is respected and the privatization only of acts of a procedural dimension that do not require the intervention of the judge.