O direito fundamental de acesso à justiça na perspectiva do tabelionato de protesto: gestão adequada de conflitos e efetivação de direitos creditícios no contexto do sistema brasileiro de justiça multiportas

Abstract

The dissertation analyzes the contributions made by the notary office of protest, to the realization of the fundamental right of access to justice in the context of the appropriate management of credit-related disputes within the Brazilian multi-door justice system. The study is based on the premise that access to justice, in its broad conception, is an essential element for the fulfillment of fundamental rights and guarantees and for the realization of the Democratic State of Law. It identifies that effective, timely and adequate access is a prerequisite for the realization of justice as a value enshrined in the Constitution, with adequacy serving as the primary criterion for identifying the way or door potentially most efficient for resolving a dispute. In addition, the crisis of effectiveness in state jurisdiction, marked by delays, excessive caseloads, and high costs, emerges as a problem that tends to be mitigated through the adoption of alternative and appropriate mechanisms for dispute resolution. The research seeks to investigate the following question: What contributions can the notary office of protest, as an extrajudicial service unit within the Brazilian multi-door justice system, provide to the realization of the fundamental right of access to justice in the context of managing credit-related disputes? The general objective is to determine how the extrajudicial services for managing credit-related conflicts provided by the notary office of protest can contribute to the realization of the fundamental right of access to justice in the Brazilian multi-door system. The development section addresses the contours of access to justice, highlighting its axiological meaning and its status as a human and constitutional right, as well as the Florentine Project and the Global Access to Justice Project, with their renewal waves within the universal access to justice movement. Moreover, the study discusses the multi-door justice system, appropriate dispute management, dejudicialization and the role of extrajudicial services as alternative means for preventing and resolving conflicts, as well as for promoting SDG 16 of the United Nations 2030 Agenda. It also investigates the management of pecuniary disputes carried out by the notary office of protest as a form of access to justice, its practical outcomes, and the trend toward dejudicializing enforcement proceedings. Finally, the dissertation develops proposals for normative intervention aimed at 7 improving the Brazilian justice system. The research adopts the deductive method, moving from general and universal premises toward their application in specific situations, using logical syllogistic reasoning. The findings indicate contributions made by the notary office of protest in managing credit-related disputes to the realization of the fundamental right of access to justice within the Brazilian multi-door justice system. The general contributions presented include expanding and improving access to justice, promoting the proper management of conflicts, strengthening the process of extrajudicial resolution and mitigating the crisis in the Judiciary, providing a simplified and less bureaucratic gateway to justice, aligning with SDG 16 of the UN's 2030 Agenda, and supporting substantive legal certainty. Specific contributions include overcoming economic barriers, ensuring the effective recognition of collective and diffuse rights, encouraging self-resolution of disputes, promoting innovation and digital accessibility, fostering institutional cooperation, promoting incentive mechanisms, enabling an alternative and appropriate means of satisfying credit rights, and ensuring cost-effectiveness