Arnaldo Bastos Santos Neto2025-05-272025-05-272025BRITTO, Fernando Augusto Goulart de Souza. Execução extrajudicial e constituição econômica: a Lei nº 9.514/97 como mecanismo de eficiência jurídico-econômica e seu impacto no direito à moradia. Goiânia (GO), 2025. 71 f Dissertação (Mestrado Profissional em Direito Constitucional Econômico) - Centro Universitário Alves Faria, 2025.http://repositorio.unialfa.com.br/handle/123456789/613This dissertation engages in the discussion of the contents of the Brazilian Economic Constitutional Order, with an emphasis on the constitutionality of Law No. 9.514/1997 and its impacts on the real estate market and the right to housing. The research aligns with studies on Economic Development and Constitutional Principles of the Economic Order, addressing the relationship between debureaucratization, legal certainty, and the protection of fundamental rights. The study analyzes the historical and economic evolution of real estate financing in Brazil, culminating in the creation of the Real Estate Financing System (SFI) and the fiduciary sale of real estate as instruments to enhance access to credit and reduce systemic default rates. The dissertation examines the compatibility of the extrajudicial foreclosure procedure provided for in Law No. 9.514/1997 with constitutional principles such as due process, the right to a full defense, the social function of property, and legal certainty, considering the ruling on Extraordinary Appeal No. 860.631 by the Brazilian Supreme Federal Court. The study also investigates the economic and social impacts of the debureaucratization promoted by Law No. 9.514/1997, demonstrating how the reduction in transaction costs and the predictability of financial contracts contributed to the expansion of the real estate credit market. However, the research questions whether the fiduciary sale model is adequately balanced with the protection of the right to housing and the mitigation of social risks, such as the eviction of defaulting families without guarantees of adequate resettlement. Given this scenario, the study proposes the inclusion of a mandatory mediation stage between creditors and debtors before extrajudicial foreclosure, inspired by the conciliation provision of the Code of Civil Procedure. It is concluded that, despite the advances brought by Law No. 9.514/1997 in structuring real estate credit, adjustments are necessary to balance economic efficiency and the protection of fundamental rights. Improving legislation through mediation and renegotiation mechanisms would contribute to a fairer and more equitable system, mitigating risks for vulnerable debtors. The study adopts the hypothetical-deductive method, along with bibliographical and documentary research, to analyze the consequences of economic regulation on housing finance and the principles of the Economic Constitution.ptPrincípios constitucionaisOrdem econômicaAlienação fiduciária