PROMOTING ACCESS TO JUSTICE: THE IMPORTANCE OF COMPULSORY EXTRAJUDICIAL ADJUDICATION AND ITS IMPACTS ON JUSTICE AND SOCIETY

Abstract

This research aims to analyze compulsory extrajudicial adjudication as a tool for promoting access to justice and its impacts on the judiciary and Brazilian society. With the enactment of Law n° 14.382/2022, the national legal framework now permits the formalization of property ownership to be carried out directly at property registration offices, without the need for judicial action, provided that legal requirements are satisfied. The methodology adopted consisted of a literature review, based on existing legislation, judicial decisions, and doctrinal contributions. The study revealed that the legal nature of compulsory adjudication is constitutive, producing significant effects in the patrimonial sphere by substituting the will of the defaulting promissory seller. Furthermore, it was observed that extrajudicial practice contributes to the de-judicialization of claims, reducing the burden on the judiciary and promoting greater efficiency in conflict resolution. Positive impacts for economically vulnerable populations were also highlighted, as they gain greater access to land regularization through a simpler and less costly procedure. The analysis concludes that, despite the challenges, compulsory extrajudicial adjudication proves to be an effective instrument for enhancing access to justice and promoting the efficacy of property rights. It is advisable to pursue normative improvements, and the technical qualification of the professionals involved to consolidate their application.