Brief reflections on the dejudicialization of enforcement (out-of-court enforcement) in brazil under the multi-door courthouse system paradigm

Abstract

This article analyzes the dejudicialization of civil enforcement in Brazil from the perspective of the multi-door courthouse justice system. Given the current backlog in the Judiciary, where enforcement proceedings represent the primary bottleneck of inefficiency, this study investigates the shift of enforcement acts toward out-of-court spheres. Through a comparative analysis of international models (Germany, Spain, United States, France, Portugal, and Sweden) and an examination of recent national regulatory frameworks—such as the Legal Framework for Guarantees—this paper proposes new institutional designs focused on efficiency and the preservation of fundamental guarantees. The deductive method is adopted, utilizing documentary and bibliographic research techniques, as well as case law databases to analyze court rulings, legislation, and resolutions and recommendations from the National Council of Justice (CNJ).