Notarial Minutes, Evidence And The Brazilian Code Of Civil Procedure

• Autor(a) principal: Couto, Monica Bonetti
• Data de Publicação: 2018
• Outros Autores: Kashiwagi, Erika Kazumi
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Scientia Iuris (Online)
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/iuris/article/view/29101
• topic: Notarial Minutes; Means of evidence; Disjudicialization; Brazilian Code of Civil Procedure.; Ata Notarial; Provas; Desjudicialização; Novo CPC.

This paper first studies the current reality of Brazilian Judiciary’s, which lacks efficiency as it has an ever more progressive and worrisome number of cases. In this context, many seek alternative ways for conflict resolution which does not involve the Brazilian Judiciary. Therefore, this paper proposes a new alternative method: the use of notarial minutes as a skillful instrument that validates acts without confirmation of Brazil’s court system. In spite of being considered an atypical means of evidence when the Brazilian Code of Civil Procedure of 1973 was in use, notarial acts have gained prominence in our legal system, specifically with the promulgation of the Brazilian Code of Civil Procedure of 2015, which reclassified notarial minutes as a typical means for evidence. Furthermore, this study carries out a legal reflection of the legal-historical context that resulted in this legislative change, as well analyzes the benefits that can be achieved with the new clothing given to this important means of evidence, considering the relevant role of notaries and registered agents in the disjudicialization of Brazil’s legal system. This paper utilizes the hypothetical-deductive method with literature review of legal works and scientific articles.