Perspectivas contemporâneas para a execução: tecnologia, inteligência artificial e dados no aprimoramento da atividade executiva

Abstract

The Execution or enforcement of a Judgement involves the search for the realization of unfulfilled rights recognized in executive titles. The study of the subject should not be restricted to merely theoretical aspects, it is also necessary to analyze the mechanisms that authorize the achievement of concrete results. Thus, this work departs from the hypothesis that a wider knowledge and application of artificial intelligence technologies and programs may avoid the proposition of unsuccessful writ of executions or of attachment or sequestration, minimize the excessive delay of those in course and increase their effectiveness. Based on these premises, this dissertation is structured in four chapters. In the first of them, preliminary notions were presented that involve both the Theory of Law and Civil Procedure, as well as a brief historical background of the enforcement activity, the path to its recognition as an act of a jurisdictional nature and the causes for the ineffectiveness of civil execution. In the next chapter, was discussed the meaning of fair trial in the contemporary Brazilian legal system, followed by digressions on still controversial issues, as the procedural aspects of the writ of execution in the Brazilian Code of Civil Procedure, the principles that inform the civil execution or enforcement of a judgement procedures, the legally recognized executive means and empirical data from the National Council of Justice. The third chapter was dedicated to the analysis of the effective influence of technology in the legal field and, in particular, in the enforcement protection. It was suggested a classification of the technological means capable of assisting execution into two groups: informative and constrictive. Then, the individualized characterization of several already existing technological mechanisms and others that may still be developed was addressed. The last chapter was dedicated to the presentation of new proposals related to civil execution, with special attention to its practical needs. The suggestions involve the anticipated search for the debtor's assets, the institutes that comprise the recent notion of "private enforcement of a Judgement" and the current scenario of the non-judicialization of the civil execution. In the concluding remarks, finally, the main products of the study were compiled, with special relevance to the idea that the potential and usefulness of technology should be more deeply assimilated by the national legal community, on behalf of effectiveness and the maximum use of procedural resources.