Procedimento de viabilidade executiva (prove): uma porta de diagnóstico e de tratamento da tutela executiva brasileira inspirada no procedimento extrajudicial pré-executivo (pepex) de Portugal

Abstract

This study investigates the possibility of creating an Executive Viability Procedure (PROVE) inspired by the Portuguese extrajudicial Pre-executive technique (PEPEX) to assist civil enforcement for a specific amount in Brazil. It is argued that the proposed method is capable of providing systematized public information in the face of executive default, to ensure proper diagnosis and treatment of the conflict. In addition, the Brazilian historical legislative scenario of civil enforcement and current improvement proposals are also investigated. Thus, this investigation is based on the conceptual premise that acess to justice represents a fundamental human right from a material and procedural perspective, due to the practical achievement of the rights already established in executive titles of obligations for a specific amount. Furthermore, it is understood that access to systematized public information on asset and the location of debtors is a relevant way of achieving effectiveness in the enforcement field. A deductive method is used through explanatory and functional comparative procedures type of research which involves using systematic literature review techniques, bibliographic research, documentary analysis and semi-directive qualitative interview in order to examine how the Executive Viability Procedure, inspired by Portugal's out-of-court pre-executive system, can assist properly judicial or extrajudicial enforcement, using a structure that already exists in Brazilian justice system – the Judicial Center for Conflict Resolution and Citizenship (Cejusc). Finally, it is concluded that the adoption of a new procedure may assist the examination of executive viability and represents a potential mean to deal with executive conflit from the perspective of multi-door executive justice, without neglecting the guarantees and fundamental rights of those involved.