Acesso à justiça : cartórios extrajudiciais como instrumento de efetividade do sistema de justiça

Abstract

This paper seeks to analyze the institute of extrajudicial notary offices, from the perspective of access to justice and the effectiveness desired by the justice system; with the necessary problematization of the theme, in particular, with regard to legal security, the preservation of users' personal data, and the benefits achieved with the disqualification of claims. Therefore, it intends to correlate the effectiveness sought by the justice system, with the institute of extrajudicial notary offices; without neglecting, however, to delve, albeit in less depth, into topics such as: access to justice, jurisdiction, reasonable length of the process, unlawful legalization, good public administration practices, legal security, fundamental rights and data protection. At the end of the work, he hopes to find a procedure model based on legal certainty, effectiveness and preservation of the personal data of those involved; where the speed, efficiency and effectiveness desired by the adoption of mechanisms to improve the justice system, can converge with the legal security inherent to the activity of extrajudicial registries. The research proves that the extrajudicial registries are among the main recipients of the disaffection of judicial facts – the so-called de-judicialization of claims. The hypotheses raised at the beginning of the work are confirmed by the delivery of a quick, effective response, which ensures the preservation of the users' personal data. However, it is partially refuted, as to the effectiveness of the use of new technologies, especially with regard to users still excluded from the digital world. With regard to the effectiveness of the justice system through extrajudicial registries, gains are visible with speed and effectiveness in various procedures, such as: inventories, divorces, property sharing, extinction of stable relationships, recognition of biological and socio-affective paternity, change of first name and gender of a transgender person, administrative adverse possession. The extrajudicial registries are attentive to new technologies, whether through the use of tools that can provide greater effectiveness to the justice system, or in the allocation of risks related to data security and acts carried out electronically.