Serviços notariais e registrais no contexto do Estado Democrático de Direito e o estudo de caso do Projeto More Legal para a formação de uma política pública permanente de regularização fundiária.

Abstract

With the ultimate objective of proposing improvement guidelines for public policies for urban land regularization, within its scope of instrumentalization through notary and registry services, in order to improve the mechanisms of urban and land regularization in Brazil, this research will analyze the construction the More Legal Project at the state level in Rio Grande do Sul, the result of a positive dialogical experience between the State Court of Justice, notaries and society, contextualizing the legal nature and the role of notary and registry services in the Democratic and Social State of Law. Initially, institutional aspects, characteristics and teleology of the Brazilian public service will be analyzed and, afterwards, notary and registry services will be analyzed in depth as instruments for their application, with emphasis on their capillarity and proximity to society, as well as their characteristics and potentials for dialogue with other facets of government (including information storage and transmission, technological improvements and extending its possibilities to public policy activities). Afterwards, considering such services inserted in the Brazilian urban context, with their peculiar problems, the analysis of the mutual relations between the need to regularize the urban - through public policies of land regularization in a broad sense - with the development of instruments appropriate norms for this, seeking to demonstrate the mode of operation and the applied characteristics of extrajudicial notary services, where the efficiency of private management and the control and security of the public regime are capable of adopting its greatest advantages concomitantly. Finally, as a greater expression of the dialogical union between the notary services and the Public and Justice Administrations, improvements will be proposed in the public policies for land regularization carried out by the notary and registry services, considering their progress, achievements and current and future consolidation possibilities and improvement, so that it is possible to develop a permanent public policy for land tenure regularization. As research problems, it is proposed to answer what are the functions of the public notary and registry service in the Democratic State of Law in the face of land regularization, and what are the guidelines for the improvement of public notary and registry services, in the context of the Democratic State of Law , for the improvement of public policies for urban land regularization. The hypothesis of the thesis is that the public notary and registry service, conformed to the Democratic State of Law, can be improved to fulfill its function that makes public policies for urban land regularization feasible. The methodology used will be dialectic and, as to the approach, it will be predominantly qualitative.