THE EVOLUTION OF ENFORCEMENT MECHANISMS IN BRAZILIAN CIVIL PROCEDURE: BETWEEN NORMATIVE FRAMEWORKS AND TECHNOLOGICAL INNOVATION
DOI:
https://doi.org/10.51891/rease.v12i7.28794Keywords:
Civil enforcement. Procedural effectiveness. Legal technology. Compliance with judgment. Judicial systems.Abstract
This article analyzes the evolution of enforcement mechanisms in Brazilian civil procedure, emphasizing the transition from a formalist model to a logic oriented towards the effectiveness of judicial protection. This logic is based on the premise that a judicial sentence only fulfills its function when realized in practice, requiring effective instruments for satisfying the recognized right. It argues that understanding the normative frameworks and technological tools that structure civil enforcement is not merely an academic exercise, but an indispensable condition for legal practitioners to demand, build, and improve an enforcement system constitutionally committed to effective justice. In this context, the study examines the normative frameworks that consolidated the compliance with judgment as a procedural stage and expanded judicial powers in the pursuit of effectiveness, and subsequently addresses the role of technological tools developed within the Judiciary, such as SISBAJUD, RENAJUD, INFOJUD, SNIPER, CNIB, and SERASAJUD, highlighting their relevance for asset location and the enforcement of judicial decisions. To this end, the research adopts a bibliographic and documentary approach, based on current legislation and civil procedural doctrine. It is concluded that the integration between legislative evolution and technological innovation represents not only a technical advance but a constitutional requirement of effectiveness, demanding an active stance from legal professionals in the constant oversight and improvement of these instruments, contributing to the reduction of delays and to the real achievement of access to justice.
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Atribuição CC BY