Notarial and registral law as a tool for the dejudicialization of justice: impacts of extrajudicial compulsory adjudication

Abstract

This project aims to analyze the impacts of the new extrajudicial compulsory adjudication procedure on legal certainty and the efficiency of real estate registration, in light of recent legislation and regulations, particularly Law nº 14. 382/2022 and Provisional Measure nº 150/2023 issued by the National Council of Justice. The research is based on the premise that dejudicialization – through the expansion of the powers of notarial and registral services – represents an important tool for modernizing the Brazilian legal system, contributing to reducing the overload of the Judiciary and to the effectiveness of property rights protection.The study also aims to demonstrate the impact of this new legal mechanism on the speed and efficiency of property registration, identifying improvements and possible challenges in its implementation. Finally, the principles that guide the extrajudicial procedure will be highlighted, such as impartiality, external control, publicity, predictability, and adversarial proceedings, reinforcing its legitimacy as a suitable and reliable path for resolving property disputes outside the Judiciary. The methodology adopted is based on bibliographic research, through the reading and analysis of legal doctrines, academic articles, theses, dissertations, and current legislation, using an exploratory and interpretative approach to understand the foundations and practical effects of the new procedure. It is concluded that extrajudicial compulsory adjudication represents a significant advancement in the context of dejudicialization, offering a faster, more cost-effective, and legally secure alternative for the regularization of property ownership, with positive effects on the efficiency of Brazil’s registration system and the reduction of judicial litigation.