A efetividade do acesso à justiça e a ampliação das atividades notariais: uma análise à luz das garantias fundamentais processuais

Abstract

This dissertation analyzes the expansion of the duties of notarial services in the context of dejudicialization and multi-door justice, examining the extent to which extrajudicial procedures observe and ensure the effectiveness of constitutional procedural guarantees without undermining the essential core of the constitutionally outlined fair trial. Based on the observation of the structural limitations of state jurisdiction and the need to streamline the justice system, the study investigates the role of notarial services as qualified instruments of legal protection, inserted in a hybrid and complementary institutional model. The research adopts a qualitative, legaltheoretical approach based on a literature review, legal analysis, and examination of normative and regulatory acts, especially those issued by the National Council of Justice, as well as the 2015 Code of Civil Procedure. The results indicate that the expansion of notarial powers does not imply a departure from fundamental procedural guarantees, provided that it is conditioned on compliance with institutional and functional limits that guide notarial practice, ensuring procedural rationality, control, protection of trust, and legal certainty. It is concluded that the notarial route, when structured according to these parameters, can legitimately contribute to effective access to justice and the strengthening of the constitutional rule of law.