Banca de DEFESA: MARCELO NOBREGA ATHAYDE CHAVES

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : MARCELO NOBREGA ATHAYDE CHAVES
DATE: 31/08/2023
TIME: 15:00
LOCAL: A definir
TITLE:

BACK TO THE JUDICIARY: AN ANALYSIS OF THE MAIN INITIATIVES OF DEJUDICIALIZATION OF THE REGISTRY OFFICES IN THE 1988 CONSTITUTIONAL REGIME

KEY WORDS:

Registry Offices. Dejudicialization. Constitutional right. Judicial power.

PAGES: 149
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation seeks to understand the process of concurrent relocation of the attributions and procedures inherent to the Judiciary to extrajudicial services, especially in the Brazilian constitutional regime of 1988. Institutions with a long history in Brazil, and commonly related to the idea of formalism and bureaucracy, extrajudicial services have shown a certain resilience in the Brazilian social scenario, an example of this phenomenon being the various legislative initiatives that seek to make this body a closer arm of the formal justice system. This phenomenon has been expanded in the Code of Civil Procedure of 2015, by a process of recognition of the services as a space for the execution of various services of different natures. From a mostly descriptive research, supported by the historical-critical resource of bibliographic and documentary base, the work sought to analyze the conditions and characteristics of the movement of dejudicialization towards extrajudicial services, exploring some of the main laws, resolutions and provisions that contributed to this process, the articulation of these bodies with the justice system and the legal nature of these processes that convert the notaries into an apparent alternative to the traditional judicial arena, identifying, in this itinerary, how these solutions were institutionally constructed. In the end, it was possible to conclude that the strengthening of the services in the dejudicialization movement in Brazil was, to a large extent, influenced by the intense performance of this delegated segment of the public power in line with the vested interests of the dominant Power classes of Brazilian society, especially the judiciary, which demonstrated an expressive capacity of the services to promote an articulation to ensure greater protagonism in the public-jurisdictional scene. On the other hand, it was possible to perceive that this process of dejudicialization did not entirely remove the presence of the Justice, in particular the State Court, since the latter, in addition to being responsible for the processes of delegation to the holders of the services, has also been acting in the supervision of these bodies and services, benefiting from the costs and emoluments paid by the users to carry out procedures in the notary offices, This context allows to establish the idea of a "pseudo-dejudicialization" or "institutional dejudicialization", as a term that represents the syncretism of this process of relocation of judicial services to the registry offices.

COMMITTEE MEMBERS:
Presidente - 1693362 - ANA BEATRIZ FERREIRA REBELLO PRESGRAVE
Interno - 3456619 - ANDERSON SOUZA DA SILVA LANZILLO
Externo à Instituição - FABIO FIDELIS DE OLIVEIRA