Da possibilidade de Inventário Extrajudicial: a questão dos sucessores menores

Abstract

This monograph examines Notarial and Registry Law as a way to achieve adequacy in the extrajudicial services of Succession Law in accordance with constitutional dictates. Today, the constitutionalization of private legal relations in inheritance law cannot prevent the present foundation of the Federal Constitution of 1988 with regard to access to justice concomitantly with Law 11.441/07, which contributed to the de-judicialization with the decongestion of the judiciary on inventories, divorces , shares and separations by Notary Public. The main focus is to demonstrate the need to change the provisions of Chapter VI of the Civil Procedure Code, which is outdated in the face of jurisprudence and provisions on probate and extrajudicial sharing involving incapable heirs, making it possible and viable to dejudicialize this matter, respecting the vulnerability of the minor promoting the simplification and adequate resolution of disputes. This course work was guided by the general analytical objective, centered on a qualitative approach, using as a methodology, bibliographic research, with doctrinal, legislative and jurisprudential consultations on the subject.