Autotutela: ressignificação e expansão no contexto do inadimplemento

Abstract

This study aims to demonstrate the legitimacy to use self-protection grounded in the principles of private autonomy and contractual freedom by private parties as an effective means of conflict resolution in adverse scenarios involving contractual breach. In a context marked by an increasing demand for speed and efficiency in the resolution of private disputes, the relevance of considering self-protection instruments as legitimate tools of self-defense to protect lawful interests is reinforced. The objective of this research is to analyze the structure and function of the main self-protection mechanisms provided for in the Brazilian legal system, assess their practical application, explore their use in non-traditional contexts, and discuss the admissibility of non-codified mechanisms based on an extensive legal interpretation. It investigates how to strengthen the private autonomy of contracting parties by enabling the legitimate use of such instruments through the establishment of ethical and social parameters capable of preventing abuse of rights. The research adopts the deductive method by a qualitative approach, with content analysis of theoretical and legal texts, complemented by quantitative analysis of judicial case data. The findings indicate that self-protection, when applied in a controlled manner and in accordance with the principles of the social function of contracts, objective good faith, and proportionality, may serve as a legitimate and efficient alternative to judicial conflict resolution. However, it was observed that the lack of clearer regulation and the resistance from legal practitioners still limit its full implementation, highlighting the need for broader understanding and encouragement of its use