THE IMPACT OF DEJUDICIALIZATION IN BRAZIL: AN ANALYSIS OF THE ROLE AND SOCIAL FUNCTION OF EXTRAJUDICIAL SERVICES

Abstract

This study examines how the transfer of judicial procedures to the extrajudicial sphere, through notarial and registry offices, has influenced the Brazilian legal system. The article addresses the historical evolution of dejudicialization, highlighting legislative milestones such as Law No. 11,441/2007 and Law No. 13,465/2017, which facilitated the performance of divorces, probate proceedings, and land regularization before notarial offices, thereby reducing the burden on the Judiciary and promoting greater procedural speed and accessibility for citizens. The critical analysis underscores the benefits of dejudicialization, including cost reduction and the expansion of access to justice, particularly for vulnerable populations. Nevertheless, it also identifies challenges such as the lack of procedural uniformity, potential risks to legal certainty, and the need for enhanced training of notaries and registrars. The study further discusses the economic impact of dejudicialization, emphasizing the savings generated for both the State and citizens, as well as the role of notarial offices in mediation and conciliation of disputes. Finally, recommendations are presented for the improvement of the system, including the standardization of procedures and the technological modernization of extrajudicial services, with a view to ensuring greater efficiency and legal certainty.