THE LEGALITY OF RESOLUTION NO. 976/2021, ISSUED BY THE COURT OF JUSTICE OF THE STATE OF MINAS GERAIS AND WHICH CREATED NEW EXTRAJUDICIAL SERVICES

Abstract

The aspects involving Resolution No. 976/2021, issued by the Court of Justice of the State of Minas Gerais (TJMG), will be analyzed in light of the Constitution of the Republic, of 1988, state legislation and the jurisprudence of the Federal Supreme Court. The aforementioned Resolution promoted the splitting of the extrajudicial services corresponding to the 2nd, 6th and 7th Real Estate Registry Offices of the district of Belo Horizonte/MG, creating the 8th, 9th and 10th Offices. It is the creation of new extrajudicial services and the modification of districts by means of a resolution of the state judiciary. In the case under analysis, it is important to assess whether the state law then existing (Law No. 12,920/1998) would be sufficient to authorize the act by the TJMG; that is, would it be necessary for the Legislative Assembly of the State of Minas Gerais to issue a formal law? In order to understand the legal aspects that involve the construction and legality of the Resolution, the Constitution of the Republic, of 1988, State Law No. 12,920/1998 and the decision of the Federal Supreme Court in the direct action of unconstitutionality No. 2,415/SP (which dealt with a similar situation) will be analyzed.