Crise do judiciário e o uso do testamento público como forma de prevenção de litígios

Abstract

The crisis of the Judiciary impacts the lives of citizens, restricting access to justice and guaranteeing fundamental rights. In this research, dejudicialization stands out as a phenomenon capable of minimizing the damage suffered in this area. For this, it was proposed to study the public will, made in extrajudicial services, as a way to prevent disputes when the testator succeeds. A mitigation measure for the judiciary crisis is proposed. The research problem is: can the public will be used as a form of succession planning and litigation prevention? It aims to demonstrate that the public will is an effective tool for succession planning and litigation prevention. The deductive method was adopted. The theoretical framework of access to justice is based on Cappelletti and Garth. The study addresses the crisis of the Judiciary regarding access to justice through alternative means; succession planning and its implications; the public will as a form of succession planning and a strategy of dejudicialization. It is concluded that, with the making of the will, the probability of the will of the testator being followed, without disputes, is much greater than in the absence of the will, and the inventory and sharing can be extrajudicial, before the notary offices. There is a tendency to adopt extrajudicial means.