Portaria n.º 969/2003, de 13 de Setembro de 2003
Portaria n.º 969/2003 de 13 de Setembro O Decreto-Lei n.º 38/2003, de 8 de Março, procedeu a uma profunda reforma do processo de execução que passa pela desjurisdicionalização dos actos processuais, com o objectivo claro de libertar o juiz de tarefas processuais que não envolvam uma função jurisdicional e os funcionários judiciais da prática de actos fora dos tribunais.
Com esse intuito, o XV Governo Constitucional, entre outras medidas, criou a figura do agente de execução, a ser exercida, preferencialmente, pelo solicitador de execução, podendo ser desempenhada por funcionário judicial nas situações definidas pelo referido diploma.
No âmbito da reforma do processo executivo, a criação da secretaria de execução é indispensável à praticabilidade do novo regime, uma vez que será a unidade organizacional responsável pela tramitação dos processos de execução e o elo de ligação entre os funcionários de justiça da secretaria de execução e os solicitadores de execução.
Considerando que grande parte da litigância cível para cobrança de dívidas está concentrada na comarca de Lisboa, local de eleição para a fixação das sedes das empresas, e ponderando ainda que mais de 50% dos processos cíveis nos tribunais portugueses são processos de execução, cria-se, por ora apenas em Lisboa, a Secretaria-Geral de Execução das Varas Cíveis, dos Juízos Cíveis e dos Juízos de Pequena Instância Cível de Lisboa, à qual competirá registar e movimentar os processos de execução comum, coadjuvar o respectivo juiz na movimentação de...
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