A EFICÁCIA DAS INICIATIVAS DE DESBUROCRATIZAÇÃO NO PROCEDIMENTO DE INVENTÁRIO

Abstract

The presented work investigates the effectiveness of debureaucratization initiatives in the probate process, with the central research question being: how can different mechanisms of procedural efficiency be implemented in probate proceedings to expedite the process, reduce conflicts, and ensure the legal security of transferred assets? The hypothesis formulated suggests that mechanisms should be employed to promote extrajudicial probate, aiming to reduce the judiciary's burden and encourage the adoption of alternative dispute resolution methods, thus contributing to the debureaucratization and efficiency of probate processes in Brazil. It is observed that the probate process faces several obstacles that make it bureaucratic and slow, such as difficulties among heirs in disclosing assets properly, the lack of estate planning by the deceased, and the judiciary's overload. Therefore, there is an urgent need to apply procedural efficiency mechanisms to this highly relevant procedure for society, such as utilizing procedural legal agreements, technologies, and alternative conflict resolution methods. This work is justified by the finding that the slowness of probate processes in Brazil causes significant harm to heirs, creditors, and society in general. Lastly, the research uses a qualitative approach with a hypothetical-deductive method, relying on indirect bibliographic and documentary research to examine the Brazilian legal framework and official statistical data. The study concludes that debureaucratization and the implementation of process optimization mechanisms are essential to reduce delays and improve the effectiveness of probate procedures in Brazil while opening the floor for future reflections and discussions on the subject.