A reconfiguração funcional do protesto extrajudicial no Brasil: consensualidade, tecnologia e a nova estrutura da tutela do crédito (2018-2024)

Abstract

This dissertation examines the functional reconfiguration of extrajudicial protest in Brazil between 2018 and 2024, analyzing how the incorporation of technology and the introduction of negotiation-based and consensual mechanisms have transformed its profile and expanded its relevance within the credit-protection system. It investigates the broadening of the functions of protest, particularly after the digitalization implemented by CENPROT, the procedural modernization consolidated by the Provisions of the National Council of Justice, and the incorporation of negotiation measures introduced by the Legal Framework of Guarantees. Through a qualitative approach and documentary analysis, the study reconstructs the historical trajectory of the institute, identifies its contemporary legal foundations, and discusses its integration into the multi-door justice model. The research employs an empirical-descriptive method based on official data produced by ANOREG/BR and IEPTB/BR, adopting criteria of reliability, uniformity, and national scope to measure the volume of titles submitted, nominal values, and asset-recovery rates. The selected time frame enables an understanding of the impact of modernization on the efficiency of protest, highlighting the continuous growth of its use by both public and private creditors and the consolidation of informational infrastructures capable of reducing costs, increasing transparency, and strengthening predictability in obligational relationships. Based on the integrated analysis of normative sources, institutional structure, and statistical data, the study provides a comprehensive view of the contemporary role of extrajudicial protest in credit protection, conflict rationalization, and the improvement of the economic environment, demonstrating its relevance within the legal infrastructure that sustains the circulation of wealth in the country.