A gestão do interino a frente da serventia extrajudicial: direitos, obrigações e responsabilidade ante a falta de normativa legal

Abstract

The Brazilian extrajudicial service is carried out entirely by private individuals in collaboration with the State, natural persons with no connection to the public service structure who carry out notarial or registry activities by delegation of the Public Power, under the terms of article 236 of the Federal Constitution. Public records and notes are indispensable, essential services for promoting the economy, social development and recognition of Brazilian citizenship. The objective of the 1988 constitution was for the State to deliver extrajudicial delegations in a very personal manner to each individual duly approved in a public competition for tests and qualifications, with the purpose of this person carrying out registry or notarial activity in a given municipality or district. The Brazilian model of delegating public service to notaries and registrars was extremely successful in the view of the Executive Branch, the Judiciary Branch and the Legislative Branch itself, which, over the last few years, greatly expanded the responsibilities conferred on delegates. The central point of the work is not to study the legal structure of rights and duties conferred on delegates, holders of extrajudicial services, but the lack of regulation offered to interims (State representatives who are responsible for administrative management and legal deliberation) when the registry office is vacant. Given the aforementioned legal gap, the thesis presented here aimed to examine judgments and administrative norms with the purpose of reflecting on problems and difficulties of legal fit for the interim figure – duties, responsibilities and legal nature – ultimately proposing a legal-normative model of regulation of the provisional manager, jurisprudentially titled as agent of the State.