NOTARY'S ROLE IN THE DEJUDICIALIZATION PROCESS: A POST-POSITIVIST PERSPECTIVE OF ACCESS TO JUSTICE IN BRAZILIAN LAW

Abstract

The work intends to elucidate to what extent the notary's performance can represent the guarantee of access to justice under the aegis of post-positivist precepts in the context of Brazilian law. It was sought to emphasize the construction of the concept of theory of law in history and how social advances have elevated the discussion to the scope of post-positivism, which set the precedent of investigating the legal guarantee of fundamental rights, especially access to justice, something that needs attention, since the Brazilian judicial system deals with an overload of processes and,  therefore, it becomes time-consuming and bureaucratic. In addition, this study aimed to contribute to the discussion about the insertion of the performance of notarial and registry services in the sense of protecting access to justice as a viable and accessory solution, proposing a debate on its concept and contributions to the legal universe, in addition to analyzing the activities in kind. Through the deductive method and the bibliographic research, the results were found that the inclusion of the notary's performance in the system of guarantee of access to justice, when combined with the law and under the support of legislation, meets the gaps of current needs regarding the inconsistencies of slowness of the judicial system, constituting a new, more agile way to ensure fundamental rights.