LESS COURTS, MORE JUSTICE? AN ANALYSIS OF BRAZILIAN DE-JUDICIALIZATION INITIATIVES IN THE 1988 CONSTITUTIONAL REGIME
Access to justice. Registry Offices. Dejudicialization. Constitutional right. Judicial power.
This dissertation examines the process of transferring judicial assignments to Registries Offices within the context of the Brazilian constitutional regime of 1988. The goal is to determine whether this transfer falls within the phenomenon known as “dejudicialization”. The hypothesis is that, since Registries Offices have always been aligned with the interests of the ruling classes and carry out public activities, the transfer of judicial assignments to them does not change their public nature. Therefore, this transfer would not be a “dejudicialization” measure, as the duties are not being removed from the public sphere. The research is divided into two parts: the first is supported by a descriptive bibliographical and documental analysis the historical context of Registries and their evolution up to the current constitutional regime; the second, aligned to the methodology of the first, examines the phenomenon of “dejudicialization” and the reasons why there is a public interest in transferring judicial assignments to Registries rather than other segments of organized civil society.