Ata notarial como meio de prova típica e sua importância na usucapião extrajudicial

• Autor(a) principal: Espíndola, Nilson João
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/12112
• topic: Código de Processo Civil; Ata notarial; Meio de prova típica; Tabelião de notas; Usucapião extrajudicial

ABSTRAT This Course Conclusion Paper aims to present the innovations on the notarial act as a means of proof and its relation to the action of extrajudicial usucapião supported by the new Code of Civil Procedure (NCPC), approved by Law 13,105 of March 16 of 2015. A notarial act is the "public instrument authorized by a notary public competent at the request of a person with a legitimate interest and who, based on the principles of the impartial and independent public and responsible function, has the purpose of verifying the reality or truth of a fact which the notary sees, hears or perceives by his senses, whose primary purpose is to be an instrument of proof in a judicial process, but which may have other purposes in the private, administrative, registration, and even the integrators of a legal action non-negotiation or a complex negotiation process, for its preparation, verification or execution. "The notarial acts, with the celebration, art. 384, caput that brings the dissertation "the existence and the way of existing of some fact can be attested or documented, at the request of the interested party, by means of minutes recorded by notary." To carry out a legal reflection on the changes brought by this legislative adequacy and the appropriate legal and social benefits to be acquired with the new procedure given to this important means of proof. Therefore, it is noticed that the notarial deed is the public instrument drafted by the Notary of Notes in which it is attested the way of existence of a certain legal fact, whose main purpose is to verify, through the notary and at the request of the applicant, the events or circumstances that appear to him or happen in his presence, being a document endowed with public faith, proving fully. It is important to note that the notarial deed is not like the deed. In this research, we applied the clarification of the most sensitive changes to extrajudicial activity, with a greater focus on extrajudicial misappropriation. The present research finds its justification in the elaboration of the present work the use of an exploratory approach, with the method will be the deductive one, adopting the bibliographical research, jurisprudential on the subject approached, the Civil Procedure Code of 2015, always in the light of the 1988 Constitution and other references, with a focus on the main authors and works pertinent to the theme. Key-words: Code of Civil Procedure; Notary Act; Means of Proof; Notary notes; Usucapião Extrajudicial.