O princípio constitucional da solidariedade como instrumento de concretização da dignidade da pessoa humana nas atividades do tabelionato de notas.

Abstract

This dissertation deals with the constitutional principle of solidarity as an instrument for the guarantee of the dignity of the human being through activities of notaries in Brazil. The line of research is within the study of Contemporary Constitutionalism of the Postgraduate Program in Law - Master and Doctorate at the University de Santa Cruz do Sul - UNISC, and, especially, is the object of study of the post-doctoral professor Jorge Renato dos Reis, who analyses the principle of solidarity as a basis for all legal and social relations. The guiding question of the research problem consists of answering the following question: Considering the process of constitutionalising the country's private law, with the incorporation of new values into the legal system, can the notary function in Brazil, based on the constitutional principle of solidarity, be an instrument for the realization of human dignity? As a hypothesis to the problem, it is pointed out that the notary’s activity has specific guidelines that allow him/her to use the constitutional principle of solidarity as a tool for guaranteeing the dignity of people who use the services of the notary. Thus, in order to answer such a question, the general objective is to verify whether the activity carried out by the notary, based on the constitutional principle of solidarity, act as a tool for guaranteeing the dignity of people using the service of a notary. Specifically, and corresponding to the analysis of each chapter, we seek to verify the link between the fundamental principles and rights in the private relationships, demonstrating that the constitutional principle of solidarity is an instrument for the guarantee of human dignity in interpersonal relationships, and, finally, to prove that the activities of notaries, based on the constitutional principle of solidarity, are paradigms of the dignity of the human being. As a methodology, the hypothetical-deductive method was used. Regarding the research technique, we chose to analyse bibliographic sources such as books, scientific articles, laws and magazines, including digital ones. As a conclusion, the hypothesis was verified and confirmed. Brazilian notaries have peculiarities that allow them to use the constitutional principle of solidarity as an instrument for guaranteeing the dignity of the people who use their services.