Repensando o protesto notarial: uma alternativa em auxílio à superação da crise do judiciário e ao acesso à justiça

Abstract

The present study aims at analyzing the relation involving the judiciary crisis, the access to justice and the notarial protest, proposing a careful thought on each of these issues. At first, it analyses the judiciary crisis rationalizing the fact that this crisis is beyond the judiciary powers, and that it is already involving the State and the society as well, thus one may affirm that the judiciary on its own will not be able to find a solution. Hence, there is the need to search other means to do deal with this issue and especially alternative means for solving conflicts. Secondly, it analyses the crisis of reaching justice, originated by the judiciary crisis itself, it is proposed a re-interpretation of the institute aiming at clarifying the difference between access to justice and access to the judiciary system, taking into consideration the existing alternative means to solve conflicts. At last, it analyses the characteristics and the operation of notarial protest, in order to verify its capacity, as an alternative mean of solving conflicts, thus helping the judiciary system as well as easing the access to justice. In the very end, it presents statistics and data concerning notarial protest in Brazil. It confirms the first hypothesis of this work, which affirms that the protest itself is a great tool in solving conflicts, and one of the consequences of its daily use is the easing of a clogged judiciary system. Combining these thoughts, it is likely to conclude that notarial protest is an effective alternative and sui generis mean of conflict solving. The present study is based on qualitative and quantitative data as well as on previous studies over the subject matter, culminating at its conclusion by an inductive research approach.