THE DEJUDICIALIZATION OF CIVIL EXECUTION: AN ANALYSIS OF THE EFFECTIVENESS AND SPEED IN THE SEARCH FOR EXECUTIVE RELIEF

Abstract

The Brazilian civil procedural system has historically faced criticism regarding the slowness and ineffectiveness of judicial executions, especially with regard to the sentence enforcement phase and the execution of extrajudicial titles. In response to this reality, the legislator has sought alternatives that promote greater efficiency and speed in the provision of jurisdiction, among them the so-called dejudicialization of civil execution. In view of this scenario, the proposal for the dejudicialization of civil execution has emerged, an alternative that aims to remove certain functions from the judicial sphere and transfer them to extrajudicial bodies, such as protest and registry offices. In view of this, this study aimed to analyze the impacts of the dejudicialization of civil execution on the Brazilian procedural system, especially regarding its effectiveness, speed and respect for the procedural guarantees of the parties involved. In the methodological field, a bibliographic review was carried out, based on scientific articles, books, periodicals, case law and current legislation on the respective subject. Data collection was carried out using databases such as Scielo, Google Scholar, among others, from 2019 to 2025. The results showed that dejudicialization by delegation represents an important advance in the modernization of the Brazilian justice system. Its positive effects, such as speed, efficiency, and relief for the Judiciary, are undeniable. However, it is essential that this model be implemented with caution, transparency, and adequate regulation, ensuring that justice continues to be a public, accessible, and equitable right — and not a privilege restricted to those who can afford the extrajudicial costs.