Desjudicialização da execução civil: a compatibilidade entre projeto de lei nº 6204/2019 e o jus postulandi dos juizados especiais cíveis

Abstract

This research aims to analyze the compatibility of the jus postulandl' of the special civil courts and the de-judicialization of civil enforcement proposed by Bill No. 6204/2019, bearing in mind that in view of the possibility of approval of the Bill and consequent change in Brazilian legislation, the analysis is relevant so that we can already see the possibilities of modification to improve the proposal. To carry out the research, this study relied mainly on a bibliographical review, based on materials and studies published in books, scientific articles, master's dissertations, doctoral theses and scientific journals, about enforcement in the special civil courts and the de-judicialization of civil enforcement. We then went on to relate the constitutional guarantee of access to justice with the special civil courts and de-judicialization, without forgetting to conceptualize what de-judicialization consists of in the Brazilian legal system, and we went on to examine the complexity of de-judicialization in the context of civil enforcement, to finally verify the importance of the jus postulandl' of the special civil courts also in the context of de-judicialization. From this analysis, it was found that it is essential to maintain the guarantee of access to justice also when it comes to the enforcement phase of the special civil courts, which can be achieved more effectively from the proposal to de-judicialize civil enforcement presented by Bill 6204/2019, especially since it is based on a theoretical set that can be put into practice. Thus, the de-judicialization of civil enforcement proved to be compatible with the jus postulandl' of the special civil courts, since the facilitation of the extrajudicial procedure allows the dispensability of representation by a lawyer not to be presented as an obstacle to the parties' claim.