A justiça bate à porta: o papel do oficial de justiça na efetividade da prestação jurisdicional

Abstract

This work identifies the importance of the function performed by the Bailiff, who continually knocks on people’s doors to not only fulfill their institutional duties, but also enable an effective jurisdictional adjudication. The welcome procedural technology, which aims to encompass the much-desired speedy trial, innovated particularly the possibility to follow every step of the process in real time, by demanding the adjudication to be faster, but could not replace the human component; therefore, the role of the Bailiff, as a link between the claimants and the Judiciary, is still present. Based on the functions performed over the centuries, we discussed their presence within the majority of the organs that make up the judiciary until today, considering the electronic age and the new Civil Procedure Code. We identified their profile within other realities, such as the possible extinction of the office, their relevant acting in several areas of law and their inclusion in the new social paradigm, proposed by its self-composition in the new Civil Procedure Code. We sought to highlight the link afforded by the Bailiff between the claimants and the judiciary as a means to achieve justice, which goes beyond the electronic process, as well as to identify the current profile of this server, by knowing their duties and the regulations to which they are subject. We used the theoretical and empirical research. We pointed the function of the Bailiff as an important human component and participant in the delivery of good adjudication, based on the fundamental rights positivized in the Constitution, glimpsed by the new attribution of a dispute mediator in the new scenario of the CPC, about to come into effect.