Responsabilidade civil dos notários e registradores: segurança jurídica concedida por particulares

Abstract

This paper presents an approach on the civil liability of notaries and registrars from the standpoint of Civil Law and Notarial and Registral Law norms through the hypothetical-deductive approach method, using the historical procedure method, starting from the analysis of doctrinaire theories and legislation on the theme over time to court decisions that consolidate the understanding of the subject in the plan of the liability of agents before the acts of civil life that undergo validation in extra-judicial offices. The research privileges factors such as the study of the legal nature of these public agents, the classification in which this professional falls before the State, and the scope of his civil responsibility as a collaborator of justice. In a context in which a paradox is observed between the increasing judicialization of conflicts and the challenges of access to justice, the role of the notaries and registrars becomes evident as an important instrument of legal security, publicity, authenticity, and efficacy of legal acts for society. Just as the importance of this professional is evidenced, there is the recognition of peculiar functions, attributions, and responsibilities. These professionals, when acting privately under the aegis of public control, need a clear definition of their legal nature and civil liability, in order to act in compliance with the laws and with the social function they perform. The scope of the civil liability attributed to them is one of the elements that materialize the public character of the extrajudicial activities performed in the offices.