A gestão dos serviços públicos de cartórios extrajudiciais face os postulados teóricos da teoria procedimental da democracia : a busca pela democratização.

Abstract

The proposed theme is in line with the research line of Contemporary Constitutionalism, which seeks to bring about the necessary democratization of the management of public services of extrajudicial registries in the Federal Constitution of 1988. The study is associated to the line of research because it analyzes to what extent management of the public services of extrajudicial registries in Brazil meet the requirements of a Democratic State of Law. The work has a bibliographic nature and uses the method of deductive approach, since it will start from the investigation of the generative patterns of the democratic postulates that exist in the contemporary Democratic State of Law, to go in the direction of a specific analysis of the public services of extrajudicial registries . As for the procedure method, the monographic is used, with research techniques chosen indirect research, bibliographical and documentary. Thus, from the analysis of the relevant legislation, it is intended to answer the following question: to what extent is the management of the public services of out-of-court registries in line with a democratic management of public services in the Democratic State of Law? The discussion proves its relevance, in view of the provisions of Article 236 of the Federal Constitution, where notaries and registrars carry out their activity in a private capacity through a delegation of extrajudicial public services and are therefore subject to the legal regime of the public function . Because it is a public service, although privately exercised by a private individual, which serves the interests of the community, in order to guarantee the legality, safety and efficacy of acts and facts erected in private relations, the registrar and the notary are not servants of the direct administration, but public agents and that therefore must attend to the theoretical postulates of the procedural theory of the democracy. For the result of the question of the problem, it is believed that the management of the public services of extrajudicial registries does not attend to the perspective of democratic participation foreseen in the Constitution of 1988 as well as to the theoretical postulates of the theory of Procedural Deliberative Democracy, since in analyzing the main laws dealing with the subject have not been identified any device that addresses the need for constitution of participatory councils whose composition includes representatives of the most diverse areas relevant to the them.