Marco legal das garantias: análise da execução extrajudicial dos créditos garantidos por hipoteca

Abstract

The mortgage is a relevant form of guarantee for financing and investments in real estate properties. Once widely used, it has seen a decline in recent decades, as it dealt with challenges mainly linked to inefficiency in credit recovery. In this sense, the legislator sought to strengthen the institute to meet contemporary market demands, implementing new measures to revitalize its importance and effectiveness. The aim is, therefore, to analyze in general the mortgage and the attempt to modernize it with the Legal Framework for Guarantees and explore art. 9th of Law N∫. 14,711/23, which established the extrajudicial execution of credits guaranteed by mortgages, reflecting on its impacts and benefits, as well as the importance of dejudicialization and notarial activity for the recovery of these credits. To this end, the descriptive, prescriptive and exploratory method was used. The understanding reached is that the new possibility of extrajudicial foreclosure of the mortgage emerges as a faster alternative to credit recovery when compared to pre-existing judicial foreclosure, simplifying the executive process and promoting transparency and legal certainty.