A prestação de serviços digitais na atividade notarial como desafio para a essencialidade da atuação do agente público

Abstract

The notarial activity, carried out for hundreds of years personally and physically, has been undergoing a real paradigm shift, being in the process of drastic change. This is because Statute n.º 100, of May 26th, 2020, of the Conselho Nacional de Justiça, provides for the practice of electronic notarial acts using the e-Notary system. Despite all the commitment towards the modernization of the service, but even due to this digitalization of notarial and registration acts added to new technologies that emerge, such as blockchain and smart contracts, for example, voices hover in the political scenario, in doctrine and, especially, in the non-specialized media supporting the lack of the presence of the notary public as an intermediary to legally formalize the will of the parties. It is questioned whether with the supposedly unbreakable chain of blockchain signatures, individuals could make any and all types of contracts between them without the participation of the notary. Although the development of the provision of digital services represents a challenge to the performance of the notarial activity, in view of the possibilities that it presents to the initiative of the individual for the documentary qualification of the acts practiced by him, its essentiality is presented as assured in the face of its primary function for legal certainty. In addition, notaries, by reason of their public faith and their notarial prudence, contribute in Brazil and in all countries where the notary of the Latin type is adopted for the dejudicialization and for the debureaucratization and for the benefit of the speed desired by society and the aforementioned necessary legal security. This thesis adheres to the line of research of this PPGD, as it proposes a reflection within the scope of Brazilian notarial and registry law relating to the study of the role of public agents, more specifically notaries, when drawing up protocol acts. In order to elucidate the proposed theme, bibliographical research is used to compose theoretical references, such as doctrine, scientific articles and the legislation on the subject.