Desjudicialização e eficiência jurídica: possibilidades futuras para a atividade extrajudicial em família e sucessões

Abstract

Due to the consolidation of extrajudicial activity in Brazil and the increased participation of extrajudicial notary offices in the legal demands of Brazilians, effects of the growing dejudicialization questions have arisen about the participation and performance of this activity. To address this question, specific objectives were outlined to evaluate the performance of Brazilian notary offices in providing jurisdictional services authorized by law to be carried out through administrative means. For this purpose, the analysis of relevant legislation and institutional data was chosen as the safest and most reliable method to achieve the ultimate goal, which is to understand the impact of extrajudicial activity, especially after the enactment of Law No. 11,441, dated January 4, 2007, and its prospects for expansion within the Brazilian legal system. The hypothetical-deductive methodology was adopted, involving documentary analysis of bibliographic sources, legislation, resolutions, and provisions from the National Council of Justice (CNJ), as well as quantitative and qualitative data produced by the National Association of Notaries and Registrars and the CNJ. The results demonstrated the existence of continuous efforts from both the judicial and extrajudicial systems, which share the common goal of optimizing their jurisdictional services for the population. The study highlighted the need to expand dejudicialization to include procedures still under the exclusive jurisdiction of the Judiciary, considering the vast untapped potential of extrajudicial activity to further modernize the Brazilian legal system and meet the demands of a society seeking swift and effective solutions.