Uma análise da evolução da responsabilidade civil dos notários e registradores na legislação brasileira

Abstract

The civil liability of notaries and registrars underwent several changes in Brazil. Since the promulgation of the 1988 Constitution, interpretations about the nature of the notarial and registry activity have evolved into legislation concerned with the peculiarities of the activity and the delegates. However, the jurisprudence, which used to walk in accordance with the legislation, failed to observe the reasoning attentive to the notarial and registry activity. It means that in the most recent decision of the Federal Supreme Court, adopting the thesis of the double guarantee, in the effort to protect users of the activity and delegates, decided to directly and objectively hold the State responsible for damages caused in the exercise of notary and registry activity, which roughly equates notaries and registrars with public servants. From this discussion arise questions still unanswered.