Da cobrança de emolumentos notariais em incorporações imobiliárias para anotação nas matrículas da incorporação e das unidades autônomas frente á regra do art. 237-a da lei de registros públicos

Abstract

The present study aims to analyze the applicability of the article 237-A of the Law 6.015/73 to real state developments. The question under analysis involves the charging of notarial fees when it is necessary to perform registration or annotation acts at the registration of the real state property and of the autonomous units. The studied divergence comes from the interpretation of the mentioned article that intends to limit its incidence to projects implemented under the project Minha Casa, Minha Vida, housing policy of Brazilian federal government which intends to allow the acquisition of houses by low-income people. In contrast, there is another interpretation assigning overall incidence to the mentioned article. Although there is disagreement in the application of the rule, there is still no rule at federal level that addresses the issue. The question studied has practical relevance since it deals whith the charging of fees of relatively high value, especially when its considered the large number of real state developments in progress in Brazil and the growth of this business practice. Nevertheless, the studies on the question are still superficial, which emphasizes the importance of this study, as it counts whith expository compilation and critical examination of the divergent positions.