A delegação privada dos serviços notariais e de registro no acesso à justiça: a incompatibilidade do procedimento de suscitação de dúvida com a constituição de 1988

Abstract

The dissertation seeks to examine the evolution of extrajudicial services in the Brazilian legal system through a systemic perspective, led by authors such as Niklas Luhmann, to investigate the compatibility among the procedure for raising registration doubts and the Constitution of 1988, regarding the constitutional clause of private delegation of notarial and registration services. The researcher understands that extrajudicial services is included in the public-private system of access to justice, separated from the public system (the Judiciary). Both systems have their own operational codes and points of interaction, including the procedure for raising doubts. Today, it constitutes an important arena for access to justice and an environment for the realization of fundamental rights and guarantees, as was seen during the preparation of this study within the scope of the Postgraduate Program at the Faculty of Law of Vitória. To carry out the research, the study is organized into four chapters. The first is the introduction. The second chapter contextualizes notary and registry services in the national legal sphere, their formation as a new arena for access to justice, and their interaction with other social systems, including the economy, which has led to the greatest changes in the public-private system of access to justice over the last decade. It also seeks to establish that the interactions and demands of other areas lead to the development a phenomenon called de-judicialization, with legal problems being directed towards extrajudicial services to make rights effective in a swift and fair manner, given the evolution of the concepts of jurisdiction and state sovereignty. In the third chapter, the interaction between the judicial and extrajudicial justice systems is analyzed, focusing on the actions taken by the Judiciary regarding extrajudicial services, such as inspection and raising doubts’ procedure. The fourth deals specifically with the procedure for raising doubts about registry offices and its level of conformity with the current infrastructure of the extrajudicial justice system, given the systemic developments experienced by the offices and the constitutional clause that makes the private exercise of notarial and registry services possible, and its organization as a constitutional element that limits power and promotes fundamental rights