Desjudicialização e acesso à justiça: o papel das serventias notariais para o fenômeno de desafogamento do poder judiciário

Abstract

This research took place around the theme of dejudicialization and what is the role of notarial services in the phenomenon of unobstruction of the Judiciary, and how they can expand access to justice. It was sought to know if it is possible to understand the extrajudicial services as a skillful instrument for the realization of access to justice to a greater number of people, quickly, effectively and with legal certainty, as an alternative to procedural entry into the Judiciary, considering the innovations of Law 13.105/2015. Therefore, it was investigated how access to justice happened in Brazil and the phenomenon of dejudicialization, as well as its origins and effects. A revisitation of extrajudicial activities in Brazil was also carried out, more specifically with regard to notary services. In addition, it was also researched how these extrajudicial activities can be configured as citizenship tools and how they can collaborate with the Brazilian legal system. The phenomenological method of approach was used. The method of procedure chosen was the historical method. As for research techniques and research tools, bibliographical and descriptive research were chosen. It was concluded that extrajudicial services are indispensable as an instrument for implementing and expanding access to justice as an equally effective alternative to the Judiciary.