A responsabilidade civil dos notários e registradores

Abstract

The Constitution of 1988 solidified the commitment with the effectiveness of constitutional norms and the development of a new dogma of constitutional interpretation wich says the normativity of its precepts and their binding and mandatory standards. Due the normative structure of § 6 of art. 37 of the Constitution (BRAZIL, 1988), it has the nature of a rule and the system of objective liability set out in this constitutional provision can not be applied to notaries and registrars. Moreover, the Federal Constitution (BRAZIL, 1988) gave the legislature the task of ordinary disciplining about the liability of notaries and registrars. Therefore, it was enacted Federal Law No. 8935 (Brazil, 1994), known as the Law of the notary. It happens that this law was not clear on the basis of legal liability adopted, and shall be interpreted consistently with federal law No. 9492 (Brazil, 1997), called the Law of Protests, which states that the protest of securities notaries are subject to regime of subjective liability, due its specificity, being thus notaries and registrars subjected to the regime of civil subjective liability.