Os Agentes de execução e a atividade cognitiva

Abstract

This article aims to analyze the civil enforcement dejudicialization models recently proposed in Brazil, under the perspective of the cognitive activity, which has been used as criterion of activities distribution between judge and enforcement agent, in order to identify the differences among the proposals and some consequences that the adoption of this parameter may provoke, theoretically and practically. At first, in a multidoor justice system, it is verified the occurrence of cognition outside the courts. Besides that, one understands the cognitive activity as inherent to the enforcement process. Then, the civil enforcement dejudicialization models are analyzed and compared, what leads to identify a diversified spectrum of cognition assigned to the enforcement agents. Therefore, the parameter should not be the cognitive activity in itself, but the consequences of its attribution to other entities or the existence of any normative restriction that limits the analysis of certain themes to the judge.