Notaries and registrars: protagonists of a new system of access to justice in Brazil

• Autor(a) principal: Dias, Eduardo Rocha
• Data de Publicação: 2022
• Outros Autores: Sales, Lília Maia de Morais, Lessa da Silva, Marcelo
• 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/45398
• topic: Mediação e conciliação. Acesso à justiça. Serventias extrajudiciais. Notários e registradores. Desjudicialização; Mediation and conciliation. Access to justice. Extrajudicial services. Notaries and registrars. Dejudicialization.

The present work aimed to analyze the process of reducing judicial involvement in matters, of procedures of voluntary jurisdiction towards extrajudicial services as a preliminary and preparatory phase for a new system of access to justice in Brazil, with the active participation of notaries and registrars in the resolution of conflicts as mediators and conciliators. As a main focus, it was analyzed, in addition to the process of transposing exclusive competences of magistrates to notaries and registrars, the new legal regime imposed on notarial and registry activity by the 1988 constituent that enabled this innovation and the emergence of this new jurisdictional model provided by the State. The theoretical-dogmatic, deductive method of research was used, with the technique of collection and analysis, documentary and bibliographic. It was evident that the extrajudicial services were used by the legislator and by the judiciary itself, in the last three decades, as a locus of access to justice, through the process of reducing judicial involvement in matters, which transferred to notaries and registrars procedures that were previously exclusive to the judiciary, serving as a phase antecedent to the emergence of a new justice system in Brazil, in addition to judicial structures, with the codification of alternative means of conflict resolution in the Brazilian legal system.