André Luiz Bogado Cunha | Universidade de São Paulo (original) (raw)
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Thesis Chapters by André Luiz Bogado Cunha
Evolução e Efetividade da Desjudicialização de Procedimentos e Sua Destinação aos Cartórios Extrajudiciais, 2018
This work addresses the issue of reducing judicial involvement, first in a broader way, explainin... more This work addresses the issue of reducing judicial involvement, first in a broader way,
explaining its origin and the way it has been happening in Brazil and also in other countries.
We then describe the forms of procedure that have been reduced, first in the general context,
and then in the field of extrajudicial registries. We present a detailed study of each activity that
has been moved from the Judiciary to registration and notarial activity, which has full public
faith and aims to preserve legal security. Looking for numbers to demonstrate their real
effectiveness was also our goal. We explain in detail the phenomenon and its characteristics,
demonstrating that the extrajudicial way is a good option made available to the interested parties
party, because it is faster and less costly. We clarify that for their use there is a need that interests
of minors and disabled are not involved and all the interested parties must agree to its terms.
Finally, we make suggestions for activities that are currently exclusive to the Judiciary system,
but could be moved to extrajudicial services.
Key words: reducing judicial involvement; extrajudicial registry offices; full Public faith; legal
security; displacement of judicial activity; celerity and efficiency on procedural law;
simplification of procedures.
Evolução e Efetividade da Desjudicialização de Procedimentos e Sua Destinação aos Cartórios Extrajudiciais, 2018
This work addresses the issue of reducing judicial involvement, first in a broader way, explainin... more This work addresses the issue of reducing judicial involvement, first in a broader way,
explaining its origin and the way it has been happening in Brazil and also in other countries.
We then describe the forms of procedure that have been reduced, first in the general context,
and then in the field of extrajudicial registries. We present a detailed study of each activity that
has been moved from the Judiciary to registration and notarial activity, which has full public
faith and aims to preserve legal security. Looking for numbers to demonstrate their real
effectiveness was also our goal. We explain in detail the phenomenon and its characteristics,
demonstrating that the extrajudicial way is a good option made available to the interested parties
party, because it is faster and less costly. We clarify that for their use there is a need that interests
of minors and disabled are not involved and all the interested parties must agree to its terms.
Finally, we make suggestions for activities that are currently exclusive to the Judiciary system,
but could be moved to extrajudicial services.
Key words: reducing judicial involvement; extrajudicial registry offices; full Public faith; legal
security; displacement of judicial activity; celerity and efficiency on procedural law;
simplification of procedures.