Uma análise da extrajudicialização do direito civil: impactos no sistema jurídico do direito de família e sucessões

Abstract

This paper aims to analyze how the legal phenomenon of extrajudicialization has impacted Brazilian Civil Law, with a particular focus on the areas of Family and Succession Law—especially concerning divorce, legal separation, probate, partition of assets, and the recognition of paternity, which are now permissible through extrajudicial notarial services. The study also evaluates the efficiency of these mechanisms as alternatives to the Judiciary. Furthermore, it examines the proposed amendments to the New Civil Code, considering the expansion of extrajudicial procedures to other matters, such as unilateral divorce.The research is grounded in doctrinal studies, academic articles, legislation, legislative bills, and interviews with legal professionals active in the field. The conclusion reached is that extrajudicial mechanisms have proven to be effective and viable alternatives whenever judicial intervention is not legally required, offering less burdensome, faster, and more socially appropriate solutions. In addition to alleviating the overload of the Judiciary, extrajudicial avenues ensure legal certainty for the parties involved, reaffirming commitment to a more accessible and efficient system of justice