THE DELAY OF THE SUCCESSORY PROCEDURE IN THE BRAZILIAN JUDICIARY AND ITS MAIN CAUSES

Abstract

This article aims to facilitate understanding about the prolonged wait to which decisions regarding inventory processes are subject and what are the reasons responsible for this fact in today's national world, taking into account the limited capacity of the Judiciary to direct resources to reduce of procedural slowness. On this margin, the inductive method will be used, with the qualitative approach, in order to facilitate the analysis of the data provided by the jurisprudence regarding the processes in question, as well as the news published in the media, doctrinal debates and codified legislation. As possible results, it is prioritized to achieve a more effective understanding in the handling of processes that deal with Succession Law by professionals in the area, in addition to a detailed understanding of the particularities of the procedure, namely, the adoption of a two-phase procedure when in occurrence of a will, the presentation of negative tax debt certificates and the persistence of the process referred to as an extremely limited rite due to its documentary nature.