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- Title
ATAS NOTARIAIS COMO INSTRUMENTOS DE PROVA NA DESJUDICIALIZAÇÃO DOS CONFLITOS.
- Authors
Cervi, Katyane; Cezar Rodrigues, Leonel; Bonotto Barboza, Ricardo Augusto
- Abstract
This study aims to analyze the effectiveness of the use of notarial acts as evidence instruments in the dejudicialization of conflicts and how to guarantee the adequate production of these documents. The research addresses the importance of fundamental human rights and their positivization in the Declarations of Rights, as well as the right to honor, moral integrity and name, all related to the person and their protection in view of the principle of human dignity. The notarial act is presented as a means of proof to guarantee the fundamental rights of honor and integrity of the person, endowed with public faith and probative effectiveness in the presumption of veracity of the narrated legal facts. The methodology adopted is an exploratory bibliographic review, based on documentary sources, legislation and the Code of Extrajudicial Norms. Innovations implemented by legislation were observed, which brought greater amplitude in the rights related to the person and the protection of these rights, mainly in the extrajudicial area. It is concluded that the notarial act is an instrument of proof and guarantee to protect fundamental rights when injured, provided that it is produced in an adequate manner and regulated by the State.
- Subjects
DIGNITY; CIVIL rights; RIGHT of publicity; PUBLIC records; FREEDOM of information; HUMAN rights; FAITH; RIGHTS
- Publication
Revista Cidadania e Acesso à Justiça, 2023, Vol 9, Issue 1, p72
- ISSN
2526-026X
- Publication type
Article
- DOI
10.26668/indexlawjournals/2526-026x/2023.v9i1.9766