Jurisdição nas serventias extrajudiciais e segurança jurídica: meios de impugnação e estabilização das decisões notariais e registrais

Abstract

This doctoral thesis deals with the exercise of the jurisdictional function by the delegates of notarial and registry offices, as a result of the dejudicialization of voluntary and contentious jurisdiction procedures, and on the stabilization of decisions issued by notaries and registrars in such procedures. The research was developed based on: i) the redefinition of access to justice and the reinterpretation of the concept of jurisdiction, its characteristics, principles and types, in the context of the Multi-Door Justice system; ii) the study of legal certainty, in its objective and subjective dimensions, and the types of stability related to judicial pronouncements; iii) analysis of the legal nature of the notarial and registry function, particularly in out-of-court proceedings; iv) study of the ways in which judicial and notarial and registry decisions are stabilized in out-of-court proceedings. The research was developed through a bibliographical review, both of national and foreign doctrine, in addition to the analysis of normative texts and jurisprudence of higher courts. The method was hypothetical-deductive. The aim of the research was to demonstrate that: i) the delegates of the extrajudicial offices exercise a jurisdictional function in out-of-court proceedings, of voluntary and contentious jurisdiction; ii) access to the Judiciary in such proceedings is essential, but as a ultima ratio, in relation to the decisions handed down by the delegates; iii) there are three ways of challenging decisions made by delegates in non-judicialized procedures, namely, raising doubts, objection and appealing, with the latter proving to be the most appropriate, considering the Brazilian procedural system; iv) decisions on the merits given by delegates in non-judicialized procedures have the ability to definitively stabilize and become immutable, based on the application, by analogy, of the rules relating to the regime of material res judicata, in accordance with the theory of the stabilized case, developed in Portugal; and v) to overturn the stabilized decisions of notaries and registrars, an annulment or declaration of nullity action may be taken.