Extrajudicial Compulsory Adjudication: Legislative Innovation, Practical Repercussions, and Impacts on Justice and Society

Abstract

This study analyzes extrajudicial compulsory adjudication as a legislative innovation introduced by Law No. 14.382/2022, which amended the Public Registry Law (Law No. 6.015/73), promoting greater agility in the compulsory transfer of property ownership in cases of refusal or impossibility of signing the deed by the promising seller, when certain requirements are met. The general objective is to analyze, through a literature review, the legislative innovation, the practical repercussions, and the impacts on justice and society arising from extrajudicial compulsory adjudication. The methodology adopted consists of a descriptive literature review with a qualitative approach, based on scientific articles, books, and current legislation. The results indicate that transferring this procedure to the administrative sphere of the Land Registry Offices promotes dejudicialization, providing greater speed in the transfer of real estate property without the need for litigation. Certain requirements must be observed for this instrument to be effective. In conclusion, it is observed that, although the innovation reinforces legal certainty and efficiency in real estate regularization, it imposes practical challenges on the registry offices, such as the need for structural adaptation and staff training to ensure the standardization and legality of the acts performed.