A responsabilidade civil dos notários e registradores: uma análise de seu regime jurídico em consonância com a responsabilidade civil

Abstract

The present study aims to analyze the civil liability of notaries and registrars, mainly in what is attributed to the determination of the person directly responsible for the damages generated in the context of extrajudicial services. In this sense, this work is divided into three parts. In the first, the general aspects of civil liability in Brazilian law are studied, with emphasis on the main classifications for the understanding of this institute, as well as the State responsibility for acts practiced by notaries and registrars. In the second part, it focuses on the analysis of the unique legal regime to which the delegates of notes and records are subject, with emphasis on the basic elements for understanding the activity. Throughout the study, it isconcluded that the activity, although it has similarities with other legal regimes, has its inherent peculiarities and is treated as a sui generes regime. Finally, in the third part, the main theses, theories and judicial precedents are reported regarding the civil liability of notaries and registrars. The aim is to resolve the conflict between norms 37, §6 and 236, §1 of the Federal Constitution of 1988 and the special legislation that governs notaries and registrars, as well as to elucidate which theory is the most assertive with regard to the activity practiced by these agents.