O sistema de responsabilidade civil dos notários e registradores no direito brasileiro - reflexões sobre o entendimento do Supremo Tribunal Federal.

Abstract

This research analyzes the activity of notaries and registrars in correlation with the system of civil liability under Brazilian law. The 1988 Constitution, to recommend how private enforcement activities notary and registration, requiring public tender for the introduction and removal of that class, sparked a new era for these legal services. However, even so, it is observed that many individuals find themselves experiencing losses due to acts performed by service roads official unofficial documents, as well as their agents. To solve these problems, these agents should be delegated public service to respond directly and subjective, as it denotes the systematic interpretation of art. 22 of Law No. 8935/94, taking as basis the provisions of § 1 of Art. 236 of the Constitution. Another factor to justify such an approach is that the performance of these activities alone is justified only if the action is der own account and risk-taking by the police. Thus, the state entity will respond in a subsidiary, even though objectively, given the impact of the rule inscribe in § 6 of art. 37 of the Charter Policy.