O inventário extrajudicial após o provimento nº 571/2024 do CNJ : uma nova perspectiva da desjudicialização sucessória.

Abstract

This monograph analyzes extrajudicial estate inventory proceedings in the digital age, specifically examining the impact of the National Council of Justice (CNJ) Resolution No. 571/2024 on the operations of Notary Offices. It explores the historical evolution of succession law and fundamental concepts of intestate and testamentary succession, while detailing the procedures for administrative inventory proceedings highlighting the notary's role and statutory requirements. The central research problem addresses whether the implementation of Resolution No. 571/2024 which requires Notary Offices to adapt to new guidelines regarding the inclusion of minor or legally incapacitated heirs in extrajudicial inventory processes might generate resistance or operational challenges. The study employs a deductive method based on bibliographic research and a philosophical framework, subsequently analyzing legal doctrine and legislation. Ultimately, the study concludes that the expansion of "de-judicialization" promoted by the new resolution which permits extrajudicial inventory even in cases involving wills or legally incapacitated heirs, provided specific conditions are met—strengthens party autonomy and accelerates proceedings, thereby contributing to the efficiency and modernization of the Brazilian justice system. By validating the extrajudicial inventory and asset distribution process which can be conducted at a notary office without judicial ratification the resolution upholds the fundamental rights and protections of minor and legally incapacitated heirs.