NOTARIAL MINUTES AS MEANS OF PROOF IN ARBITRATION

• Autor(a) principal: Bodnar, Zenildo
• Data de Publicação: 2021
• Outros Autores: Spadoa Vidi, Taina, Inda Teixeira, Paola Gabriele
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/39752
• topic: Judicialization; Notary Minutes; Evidence; Civil Procedure; Arbitration.; Desjudicialização; Ata Notarial; Meio de prova; Processo civil; Arbitragem.

This article assesses the possibility of using notarial acts as an evidential instrument at the arbitration level, through the observation of the phenomenon of judicialization and, consequently, the verification of arbitration as an opportunity to stimulate speed and efficiency in resolving social demands. To this end, it intends to investigate whether the public faith emanated by the notary increases the admission of notary minutes as evidence in the arbitral proceedings. It uses the deductive approach method, the functionalist procedure method and the bibliographic research technique. As a result, there is that legal certainty, which is inherent to notarial activity, and the notary's public faith confer legitimacy so that notary minutes can be widely admitted and used as evidence by the arbitral tribunals. This attitude allows the procedure to gain speed, since it is a test with a presumption of authenticity and veracity, in addition to being seen as a contribution to the dejudicialization of lawsuits.