O Marco Legal das Garantias e a desburocratização do Poder Judiciário

This article analyzes the relationship between the Legal Framework for Guarantees, established by Law No. 14,711/2023, and the process of reducing bureaucracy within the Brazilian Judiciary. It begins with the context of procedural overload and the challenges related to the reasonable duration of proceedings and the effectiveness of access to justice. It then examines the main legislative innovations, including successive fiduciary transfers, the role of the collateral agent, the extrajudicial enforcement of claims secured by mortgages, and the expansion of the powers of extrajudicial registry offices. The study also addresses the constitutional debate surrounding these mechanisms, with particular attention to Direct Actions of Unconstitutionality (ADIs) No. 7,600 and 7,601 and to the need to reconcile efficiency with the protection of fundamental rights. The research adopts a qualitative and analytical approach based on legislation, official documents, judicial decisions, and academic literature. It concludes that dejudicialization may contribute to the rationalization of the justice system, provided that due process of law, transparency, the possibility of challenge, and judicial review are preserved.