Renegociação de dívidas protestadas: Ferramenta de recuperação de crédito e desjudicialização

Abstract

This study investigated the feasibility of the guideline devised by the National Council of Justice for the credit and collection segment, through the enactment of Provision No. 72/2018, which was later inserted into national legislation with the enactment of Law No. 14,711/2023. Inaugurating measures to encourage the settlement and renegotiation of protested debts, it assigned the country’s Notary Offices of Protest of Titles a new duty, a new service, to recover defaulted credits, in an environment monitored by the Judiciary, where creditors and debtors are protected by the guiding principles of notarial and registry functions, authenticity, publicity, security and effectiveness of legal acts. Although the rules only apply to extrajudicial services, it was necessary to align the new service with the credit and collection market, to attract users and discourage the judicialization of collections. Since credit recovery is part of the credit market, it was necessary to understand its economic, political and legal foundations, based on the analysis of the constitutional principles of the economic order and the domestic market, as well as to verify the impacts of default. From this perspective, credit recovery is of interest not only to corporate activity, but also to the real economy and political goals. In order to develop the research on the activity of granting and recovering credit, it was essential to study business administration, delving into the universe of business management, in the various stages of the operation up to the moment of absolute default and the use of judicial collection, which, precisely because of its volume, is of interest to the phenomenon of dejudicialization and led to the enactment of the law, which indicates the institution of protest of titles as the most appropriate means for the resolution of these conflicts. The dissertation seeks to study the legal principles of the extrajudicial activity, the rite of protest of titles and to verify how much the modernization of the institution combined with the trust and respect of the population can contribute to its effectiveness. It also sought to analyze how the protest of titles, an extrajudicial service, can assist both in the recovery of credits and in the process of dejudicialization of executions, exercising the last possibility of credit recovery before the judicialization of the collection. With this, the research relates the performance of notary and registry services as a means of guaranteeing access to justice without the need to resort to enforcement actions to settle disputes, contributing to the reduction of judicialization. The research is justified by the verification of the efficiency of the protest of titles and the measures to encourage the settlement or renegotiation of protested debts as a tool for the recovery of defaulted credits, being the most appropriate means for the settlement of economic conflicts, assisting in the dejudicialization and access to justice. To develop the theme, an integrative review of the literature was used and the deductive method was used to analyze the results. The study concluded that the title protest institute is potentially efficient, increased by the enactment of the Legal Framework for Guarantees Law, which brings the necessary dynamism for its integration with the market, achieving a place in the collection rule, making it possible to increase its effectiveness and achieve dejudicialization.