Qualification of judicial titles by the real estate registrar

• Grant number: 13/06681-0
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: July 01, 2013
• End date: June 30, 2014
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Luciano de Camargo Penteado
• Grantee: Ricardo Lima Caixeta
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

Law No. 6.015/1973 (Public Registration Law) is a general rule which regulates the institute of the legal qualification of titles that must be registered in the real estate registry office. In regard to judicial titles, it faces a gap, because there is no express provision in the Law that provides for the extension and depth of the qualifier judgment made by the real estate registrar in these titles, opening up the possibility of the emergence of numerous conflicts between the Judiciary Power and the Real Estate Registry Office. In light of this gap, there was a progressive development of the administrative jurisprudence of the Courts of Justice setting the scope of the legal qualification of judicial titles, aiming to establish, in a harmonious and coherent way, the borderline between the judge's own competencies and the registrar's ones. Accordingly, the aim of this work is to promote a systematization of the regulation about the legal qualification of judicial titles in the Brazilian legal system, establishing, closely, the decision-making and cognitive limits of the real estate registrar to qualify judicial titles. The research will be based on the analysis of the administrative jurisprudence of the State of São Paulo and the study of the work of foreign and national jurists under the real estate registry law, promoting a critique of the found results, concerning the principles that guide a system of public registries that carry out its role of ensuring legal certainty. (AU)