Segurança jurídica registral no Brasil: a estruturação, a confiança sistêmica e enfrentamento dos desafios da era digital

Abstract

This Thesis analyzes the legal security granted by the Brazilian real estate registration system and how this system is dealing with the challenges imposed by the technological age. In the elaboration of the research, the propositions of Systems Theory described by Niklas Luhmann are used, with special relevance to the role played by trust as a mechanism for reducing complexity, especially the systemic dimension of trust, focused on trust in institutions. The research uses the deductive method under the pragmatic-systemic perspective, an autopoietic strategy of legal reflection on the very conditions of meaning production, which implies differentiated observation for understanding the Law. Starting from a brief historical synopsis about the concept of the Rule of Law and the principle that is fundamental to it, legal security, its static and dynamic dimensions are examined. In search of subsidies to evaluate the effectiveness of the Brazilian Land Registry System, an incursion into comparative law is made to examine the main characteristics of the two basic types of registry systems identified: the Deeds or Title Register System and the Register of Rights System. It appears that the Brazilian registry system produces strong effects and fully meets the needs of the real estate market by communicating reliable information, allowing the circulation of properties and credit assets. The Registers of Rights System is adopted in Brazil, inspired by the German system, it has a constitutive effect of the real right, which is only publicized after a legality and validity filter performed by the registrar, the real folio is adopted and a series of principles that structure the registration system which are applied with the aim of achieving legal security in real estate traffic. In the sequence, some of the challenges of the digital age are reported, the advances of the registry activity in offering a range of services with access by digital means and the SREI - Electronic Property Registration System that is about to operate. Blockchain technology and experiences with such technology used in real estate register systems in some countries are examined, as well as a brief critical appraisal of the so-called “digital property”.