The importance of the extrajudicial inventory as a form of dejudialization in brazilian law

Abstract

This article aims to analyze the possibility of carrying out the inventory by  extrajudicial means, that is, by public deed, as well as its importance as a form of  “dejudicialization” in brazilian law, mainly due to the Covid-19 pandemic faced in the country  and in the world. Therefore, the necessary requirements for carrying out the extrajudicial  inventory will be studied, as well as its benefits. The phenomenon of “dejudicialization” will also  be analyzed using administrative inventory. Besides that, the phenomenon of “dejudicialization”  will be examined through the current situation of Brazilian justice, which reveals overloaded  Courts, as well as the need and the advantages to appeal to extrajudicial ways. The research  seeks to conclude that, due to the simpler and faster procedure of the administrative inventory,  when compared to the judicial inventory, it is possible to collaborate to “unburden” the  judiciary, and leave it, in its great majority, with only litigious inventories. With this, there is the  phenomenon of “dejudicialization”, which consists, precisely, in encouraging the resolution of  conflicts by means of extrajudicial alternative methods, discouraging the entry of new processes  in the Judiciary. The development of this research was based in the deductive and inductive  methods, resorting to the analysis of laws, articles, statements, provisions and doctrines. The  technique used was documentary research, as well as bibliographic research, in order to achieve  the desired objective.