A eficiência do registro de imóveis para a efetiva segurança jurídica na garantia do direito de propriedade imobiliária

Abstract

The main objective of this work is to argue in favor of registering public deed titles with the Real Estate Registry Office (RER). The fundamental reason for this defense is the search for legal certainty, which is achieved by including in the real estate folio the documents filed with the CRI, giving them efficacy before all (erga omnes), as is characteristic of the constitution of rights in rem through the real estate registry. The aim is to highlight the legal problems that arise when there is no proper registration at the real estate registry office, which often results in common disputes in society, often culminating in costly legal proceedings. Many of these problems could be avoided through out-of-court procedures, if the measures suggested in this paper were applied by those involved. Initially, the intention is to emphasize the benefits of registration with the Real Estate Registry Office, mentioning how it came about and its historical evolution. It will also address the impact of the principles that guide the registration activity on the properties subject to a rigorous evaluation carried out in the extrajudicial registry offices specializing in real estate. This will be followed by an exploration of the negative effects resulting from the lack of comprehensive registration of real estate in the official registry, as well as the procedures that a real estate buyer must follow and the documents that must be presented at the RER to guarantee the legal security and erga omnes effectiveness of the registered title. The third and final chapter discusses and analyzes the proposition of this TCC, which concludes that the lack of registration impairs the ability to oppose third parties in legal transactions, due to the lack of publicity and legal certainty, allowing proof of a right before the Judiciary, the Public Administration and society in general. The work is based on bibliographical research in the works of renowned scholars of registry law and uses the deductive method, starting from specific cases and data to reach a conclusion.

Keywords: Registration. Registry Office. Legal security. Royal Folio