THE REGISTRATOR’S DUTY TO SUBSTANCE: FOR A THEORY OF DECISION APPLICABLE TO REGISTRATION QUALIFICATION

• Autor(a) principal: Faria Pereira, Gustavo
• Data de Publicação: 2024
• Outros Autores: Freitas Filho, Roberto, Macedo de Miranda, Bartira
• Tipo de documento: Artigo
• Idioma: por; eng
• Título da fonte: Revista Esmat
• Texto Completo: http://esmat.tjto.jus.br/publicacoes/index.php/revista_esmat/article/view/588
• topic: Registros Públicos. Qualificação Registral. Teoria da Decisão. Decidibilidade. Fundamentação Jurídica.; Public Records. Registration Qualification. Decision Theory. Decidability. Legal Basis.

The registrability of documents presented to the public registry service must be checked by those who are delegates of this public service: the public registrars. The registration examination is an eminently intellectual and legal activity called registration qualification. The analysis of titles submitted for registration must comply with objective technical rules and a variety of aspects that must be considered in view of the registration claim. The public registrar’s decision, in addition to the properly legal-formal aspects of the title, covers non-registration normative aspects of economic or environmental origin, or even linked to the protection of assets of aesthetic, artistic, scenic and historical value, and to the observation of rules in federal, state and municipal laws, as well as acts of the courts' internal affairs bodies. Thus, seeing that the registration act is an activity that has become increasingly complex, this article aims to reflect on the registrar’s duty to substantiate and to be responsible for controlling, at the time of registration, the presence and compliance with the registration requirements of the titles presented to the registry office. Given this, the research’s question is: Do registrars have a duty to justify their registration qualification decisions? The aim, therefore, is to present some reflections on the registration decision, in search of a legal theory of the decision applicable to public records.