INVENTÁRIO EXTRAJUDICIAL: ANÁLISE DA RES O LUÇÃO CNJ Nº 35/ 20 07 E SEU IMPACTO NA PROTEÇÃO DO PATRIMÔNIO DE CRIANÇAS E DE ADOLESCENTES

Abstract

Extrajudicial probate is a fast and cost-effective alternative for the division of assets, but when the heirs are children and adolescents, challenges arise related to the protection of rights, traditionally protected by the judicial route. The study analyzed the flexibility promoted by CNJ Resolution nº 35/ 2007, which, as of 2024, began to allow the existence of extrajudicial probates involving minors. The study examined the role of the Public Prosecutor's Office and the impacts on legal certainty and the protection of the interests of these vulnerable individuals. It was found that, although the reduction of bureaucracy offers significant benefits, such as reducing time and costs, it imposes challenges in terms of monitoring and ensuring a fair division. Based on the inductive method and bibliographic research, the study contributed to the improvement of Inheritance Law, proposing solutions that reconcile procedural efficiency and the protection of the interests of children and adolescents.