EXTRAJUDICIAL COMPULSORY ADJUDICATION: DOCTRINAL, LEGAL, AND PROCEDURAL ANALYSIS IN LIGHT OF LAW NO. 14.382/2022 AND NATIONAL COUNCIL OF JUSTICE RULING NO. 150/2023

Abstract

This scientific article analyzes in depth the extrajudicial compulsory adjudication institute in the Brazilian legal system, based on Law No. 14.382/2022 (SERP Law) and Provision No. 150/2023 of the National Council of Justice (CNJ), which integrated the regulation into the National Code of Norms for Extrajudicial Services (CNN/CN/CNJ-Extra). The research examines the historical evolution of the promise of purchase and sale from Decree-Law No. 58/1937 to the overriding of the prior registration requirement established by Summary No. 239 of the Superior Court of Justice. It develops a civil-constitutional foundation based on the social function of property and objective good faith, incorporating the general theory of Registry and Notarial Law. It analyzes in detail the substantive law requirements (admitted transactions, irretracability, proof of price payment, and default by the transferor), as well as the procedural structure of the extrajudicial process, the indispensability of the Notarial Deed issued by a Notary Public, the notification cycle, the registrable qualification before the Real Estate Registrar, the Principle of Registry Continuity, and the tax incidence of ITBI. Finally, an analytical comparison between judicial and extrajudicial routes is presented through demonstrative charts, discussing challenges regarding notary fees, legal aid for indigent applicants, and procedural standardization.