Intersecções jurídicas entre o público e o privado : a desjudicialização como instrumento do paradigma ético-constitucional da solidariedade para fins de concretização da dignidade da pessoa humana.

Abstract

The goal is to verify whether the non-judicialized institutes, already existing in the legal system of the country and placed under the regime of delegation to extrajudicial notary and registry services, as an instrument of the constitutional principle of solidarity, in the context of legal intersections between the public and the private, in contemporaneity, act as effective, quick and safe ways of realizing the dignity of the human person and what other institutes could be dejudicialized with the same objective. Solidarity is a true paradigm, in Thomas Kuhn's concept, ethical-constitutional of contemporary law, based on the idea of fundamental duties, based on the ethics of care, seeking the good of the other and the good of all. The future of law involves guaranteeing a dignified life in the community. In this way, the research problem is: the non-judicialized institutes, already existing in the legal system of the country and placed under the regime of delegation to extrajudicial notary and registry services, as an instrument of the constitutional principle of solidarity, in the context of legal intersections between the public and private, in contemporary times, act as effective, quick and safe ways of realizing the dignity of the human person and what other institutes could be disenfranchised with the same objective? Using the hypothetical-deductive method of approach, starting from two hypotheses in order to analyze them in order to conclude which hypothesis is confirmed and which one is refuted, the first one stating that the institutes without jurisdiction act in effective, quick and safe ways of implementing the dignity of the human person and; the second, which states that the institutes still do not allow an effective realization of the dignity of the human person. The method of procedure used was the historical one and with data collection of the current Judiciary scenario, in addition to the indirect documentation research technique with the use of documentary and bibliographical research. Therefore, this thesis was subdivided into five chapters, the first addressing the dignity of the human person, the second the essentiality of notary and registry services, in addition to dejudicialization; the third, the registration qualification and prudential judgment of the registrar; the fourth solidarity as a paradigm from the theory of Thomas Kuhn and; the proposal to de-judicialize more legal instruments. The purpose of this thesis is related to the area of concentration of the Graduate Program in Law, at the Doctoral level, at the University of Santa Cruz do Sul, and, very especially, with its thematic axis “Diversity and Public Policies”, considering that the research will work with constitutional principles and fundamental rights, in particular, the principle of solidarity. In the propositional part of the research, it is proposed the dejudicialization of a legal institute of voluntary jurisdiction regarding the alteration of the matrimonial and stable union property regime, currently exclusive to the judiciary. There is a connection with the research area of the advisor Professor, Dr. Jorge Renato dos Reis, who researches and studies themes that are based on the legal intersections between Public and Private Law, and the effects derived from this process, such as the constitutionalization of Private Law, determined, very especially, by the normativity of the constitutional principle of solidarity. In response to the proposed questioning, it is possible to verify that the institutes that are already out of court act as effective, swift and safe ways of realizing the dignity of the human person, but it is understood by the possibility that other institutes are still out of court, mainly, as it is proposed, the alteration of the matrimonial property regime celebrated as well as of the stable union.