Vantagens e desafios da desjudicialização das execuções cíveis no contexto do sistema de justiça multiportas

Abstract

The debate on the dejudicialization of civil executions is polarized, reflecting profound doctrinal differences on the impacts and viability of its implementation in Brazil. The confrontation between these different currents highlights the complexity of the issue, demanding a critical and considered analysis to draw conclusions about the true consequences of this legislative change and its impact on access to justice, which is being done on this occasion. Initially, regarding the issue of jurisdiction and its constitutionality, it is necessary to recognize the conceptual evolution that the term "jurisdiction" has undergone, given that the traditional understanding, which attributed to the Judiciary the exclusive monopoly of the jurisdictional function, is being progressively replaced by a more pluralistic and flexible approach. As explained by Theodoro Júnior (2020) and Hill (2020), this new paradigm, in line with the phenomenon of Multi-Door Justice, no longer limits access to justice to access to the Judiciary, but expands the possibilities for resolving disputes, accepting the participation of new agents, whether extrajudicial or hybrid, as long as they are supervised by the State. As argued in section 3.1.1, this change is in line with the contemporary search for more effective and diversified access to justice, respecting the residual control of the Judiciary and preserving the guarantee of judicial protection when necessary, so that it must prevail