Execução civil em parte desjurisdicionalizada: celeridade e efetividade portuguesas como modelo para o Brasil

Abstract

This thesis examines the procedural reforms intended to partially reduce judicial involvement in civil enforcement in Portugal, investigating whether importing this model will be beneficial for Brazil. Thus, based on the specific literature, on the relevant legal provisions and on the indication, under the prism of the Portuguese legal order, of applicable principles and instruments, an attempt is made to carry out a critical study, defining the scope of interest of incorporating the model into national practice, the types of enforcement that admit it and the agents involved, beyond the limits of this mode of enforcement procedure, tracing a precise panorama of its usefulness, since, in some cases, judicial action in the enforcement will be essential to the assertion of rights and guarantees. The investigation is conducted in light of the following proposition: is this model a viable alternative in Brazil? Will its eventual adoption make civil enforcement faster and more effective, relieving our Judiciary? In terms of methodology, this is an ethnographic research, including the exam of Portuguese practice (interaction: reality versus legislation), in a juridical-dogmatic perspective, having in mind the speed and effectiveness of procedural institutes. Inductive-deductive reasoning was used, with on-site interviews, review of official statistics and court precedents, and also analogical reasoning, in the form of comparative analyzes, considering the normative systems of different countries, in a qualitative, comparative and exploratory research. As hypothesis, the thesis assumed that the proposed partial reduction of judicial civil enforcement is compatible with the Brazilian normative structure, in terms of decisions and enforceable acts per se, since, according to art. 93.XIV of the Federal Constitution of Brazil, only court decisions are not subject to delegation. The change is also advisable to reduce the considerable high demand of the Brazilian Judiciary, so judges and courts may turn their efforts to their primary function, which is resolving conflicts and enforcing fundamental rights and guarantees. The usefulness of the work is evident in view of the need for faster and more effective solutions to the current enforcement process; the detailed examination of the Portuguese option, which has been presented very succinctly in existing works; the essential questioning of its real advantages, ascertaining the degree of speed and effectiveness achieved; and the structural examination of Bill 6204 of 2019, which presents an alternative to reducing judicial enforcement in Brazil, and is currently pending in the National Congress, aiming to contribute to the debate and offer subsidies to the evaluation of our congresspersons.