Cambler, Everaldo Augusto2024-12-122024-12-122022NAVES NETO, Ronan Cardoso. O protesto extrajudicial como condição da ação de execução e instrumento de desjudicialização. 2022. 210 f. Tese (Doutorado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2022.http://repositorio.unialfa.com.br/handle/123456789/534The present work aims to demonstrate the advantages of erecting the extrajudicial service of protest of titles as a condition for the filing of civil enforcement actions and, in this way, contribute to the much desired process of de-judicialization and relief of the Judiciary. Through numbers collected by the CNJ, the current congestion of the Brazilian justice is highlighted, emphasizing the problem of the bottleneck of the endless civil enforcement actions. Access to justice is a fundamental constitutional right that is essential to the exercise of other rights and can no longer be restricted to the Judiciary. The waves of access to justice are studied, in order to consolidate the need to develop measures capable of promoting de-judicialization. Notary and registration services have proven to be the best option available to the legislator to effect de-judicialization. In the case of extrajudicial protests, after a thorough study of the historical evolution, the current reality of the service is demonstrated, today extremely fast, economical and without bureaucracy. The numerous functions of protest are also pointed out, which today go beyond the evidentiary function, to produce countless other effects that are essential to the recovery of credit and encourage the fulfillment of obligations. In fact, the protest procedure is extremely simple and fast. With technological and normative advances, access to Brazilian protest notaries can be done completely electronically. The protest of judicial decisions under CPC/15 and the advantages of adopting the protest of an active debt certificate as a means of recovering public credits are also analyzed. It seeks to prove the feasibility of erecting the previous protest as a condition for the filing of executive actions and for the beginning of the sentence compliance phase, without meaning any obstacle to access to jurisdiction. At this point, a detailed study of the conditions of the action is made, more specifically the interest of acting in the execution actions. The constitutionality and legitimacy of the conditioned jurisdiction is also demonstrated. It is shown that the inclusion of the previous extrajudicial protest as an interest in acting in the enforcement action does not violate the principle of inescapability of jurisdictional control. It is argued that the previous extrajudicial protest must be included as an element of the interest to act in the enforcement action, since, only in the event of the protest being drawn up, would the creditor need access to the Judiciary to satisfy the credit. Thus, legislative amendments are proposed that impose on the creditor the obligation to instruct the initial petition of the enforcement action to pay an amount with the instrument of protest. As discussed, the measure proves to be more advantageous and economical for all involved actors, that is, creditor, debtor and public authorities. At the same time that the creditor uses the coercion of the public service, the debtor has the option of repaying his credit in a safe and less costly manner. Thus, the entire study turned to the advantages of requiring the prior protest for the filing of the enforcement action, safeguarding the rights of the parties, the jurisdictional function and, mainly, contributing significantly to the de-judicialization.ptProtesto ExtrajudicialDesjudicializaçãoAcesso à JustiçaJurisdição Condicionada