A ata notarial de certificação de elementos negociais

Abstract

Latin notaries are legal professionals which, being trusted by the parties, are responsible for intervening in the private sphere to give legal form and authenticity to the contracts and transactions of their interest. Among the typical notarial acts, the doctrine usually differentiates the public deeds from the notarial protocol; while the former gather statements and produce legal effects by themselves, the latter have only probative effects. This paper, based on a bibliographical, jurisprudential and legislative study and anchored in the hypothetical-deductive method, aims to challenge this traditional conception by examining a new type of notarial act, introduced by Law no. 14.711/2023: the notarial protocol that certifies conditions and other transactional agreements. Based on a careful examination of the rules and principles governing notarial activity, the work unravels this new type of notarial act, highlighting the new skills accumulated by the notary, especially for the legal qualification of facts - not limited, therefore, to their faithful and objective narration. The dissertation also proposes a new way of differentiating between notarial protocols and public deeds, explores ways of using this instrument to certify transactional agreements and analyzes the relevance of this new minute for the Brazilian business environment.