Dejudicialization: possible hypotheses and the pursuit of grounds for enlargement

Abstract

This article endeavors to scrutinize hypotheses for the appropriate grounds for a dejudicialized lawsuit, whether concerning judicial decisions made by courts of foreign States recognized by the Brazilian legal system or suits allowed by the domestic legal system to be carried out in the national territory. In this line of thought, the purpose would be to investigate and determine foundations that could justify the expansion of access to justice through extrajudicial paths based on the lege ferenda proposal, pondering the concept and the applicability of the institute to pacified cases. Finally, the hypothesis of conferring abridgment and less cost to the interested parties is suggested since legal acts are attached, settled, and encrusted permanently with the envelope of legal and social order, of justice values, and of issues that consecrate public order.