Eficiência e efetividade social do registro civil das pessoas naturais

Abstract

The human existence and the realization of the rights inherent to it pass through the seats of the Civil Registry of Natural Persons. Birth, marriage and death, among the most important facts in the trajectory of individuals, since Roman Law, required a legal apparatus capable of giving them formal publicity. Thus, registration systems have developed around the world, being consolidated in Brazil the Civil Registry of Natural Persons as a delegated institution, capable of providing publicity, efficiency, legal security and authenticity to the acts that affect the identity of individuals. However, the historicity of the Civil Registry and the fact that it is present in everyone's life, coexists with the ignorance of its institutional arrangement, which constitutes an obstacle for the proper understanding not only of the structure, but also of the function and effectiveness of the registration services in the realization of rights. The legal regime’s specificities in which the Civil Registry is subjected have provided complex characteristics that requires multifaceted examinations in order to achieve a more comprehensive and adequate understanding. Through hypothetical-deductive method, assisted by the statistical method, a study of the institutional arrangements of the registry public service, exercised privately by private agents in collaboration with the State, was carried out. Under the Economic Analysis of Law bias, the efficiency of the delegation’s private aspects was examined. Finally, the social function and the practical role played by extrajudicial services in modern society were analyzed, and the social effectiveness of the Civil Registry of Natural Persons in the realization of human and fundamental rights as substrates of the current concept of citizenship was verified.