EXTRAJUDICIAL DIVORCE IN CONSENSUAL CASES INVOLVING MINORS AND INCAPACITATED INDIVIDUALS

Abstract

With the growing trend of dejudicialization, the extrajudicial provision of services has emerged as an alternative to reduce the burden on the judiciary, making access to justice faster, more cost-effective, and more accessible to the population.The following research question is proposed: To what extent does the extrajudicialization of consensual divorce involving minors and incapacitated individuals, under the terms of CNJ Resolution No. 571/2024, ensure access to justice without compromising the protection of their interests?The research hypothesis is that extrajudicialization enhances access to justice in terms of efficiency and private autonomy; however, it maintains a hybrid model that preserves the central role of the judiciary in protecting minors, thereby limiting full dejudicialization.This research adopts a qualitative approach of a theoretical-dogmatic nature, with a bibliographic and documentary methodology. The deductive method is employed to analyze the extrajudicialization of consensual divorce involving minors and incapacitated individuals in Brazil. The bibliographic research was conducted through the review of books, articles, monographs, dissertations, theses, and scientific journals, in accordance with the methodological framework proposed by Maria Cecília de Souza Minayo.