Desjudicialização da execução civil

• Autor(a) principal: Ribeiro, Flávia Pereira
• Data de Publicação: 2012
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/5910
• topic: Desjudicialização; Execução; Jurisdição; Agente de execução; Delegação; Dejudicialization; Execution; Jurisdiction; Enforcement agent; Delegation; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The statistic study of the performance of the Judiciary System made by CNJ has demonstrated the collapse of the rendering of executive protection in Brazil, and this is one of the reasons why new proposals should be observed. It is necessary to overcome myths created by the legal science, starting with the concept of State Jurisdiction itself. Dispute resolution is already undertaken by impartial third parties in Brazil; execution of awards derived from decrees or from out-of-court titles has been carried out without the intervention of judges in many European countries in some, in a very solidified way. In these countries, the enforcement agent who might be public or private receives the request for execution and proceeds with due process provided that the formal requirements of the award are present including summons, notifications, attachments, and order of sale of assets. The court is kept absolutely out of the procedures, except for extraordinary situations in which it is called upon to decide over occasional opposition declared by the debtor. After detailed analysis of foreign Law, we propose the dejudicialization of execution procedures adopting the Portuguese reform as parameter however adapted to the Brazilian system and making use of the existing structure. We suggest the delegation of the public activity of collecting debts to the Notary Public (a duly accredited Law professional), therefore broadening their activities. Under the terms of article 263 of the Federal Constitution, we support that the fees be paid according to those established by Law and supervision enforced by courts and internal affairs offices. Access to the judiciary system would be granted by means of filing a motion to stay collection whenever the party feels their right is being affected or threatened. Dejudicialization is a very controversial topic, therefore there is a very big effort to justify it explanatory memorandum. The procedure proposal has a complementary character and is presented under the form of a comparison chart, based on the related articles in PL nº 8.046/2010* (Bill # 8.046/2010) new CPC* (Brazilian Process Code) which was already approved the Federal Senate and is presently under proceedings with the House of Representatives. The goal of this study is to provide subsidy to a Bill aiming at dejudicialization of execution procedure