| dc.description.abstract | The search for the effectiveness of the guarantee of a due and fair process in the
contemporary Democratic State of Law rests not only on the fact that only judges
and courts, in the jurisdictional path, would be bound by the normative content of
the general clause of the due process of law. The state agents in general would
be, each in the performance of their functions, and here are included the
extrajudicial services, also representatives of the State in the prevention and
resolution of conflicts, when exercising their mission, also acting as enforcers of
a material right guaranteed by the in the same Constitution? The principle of due
legal process, conceived as a fundamental guarantee of the citizen in the face of
state action, has its spectrum of application extended to all branches - or doors -
available in the legal system, as well as to any and all State actions, therefore,
also in extrajudicial administrative activity. The present work will analyze the
principal influence that the guarantees of due process of law and legal security
began to have repercussions on the extrajudicial action of notarial and registry
services, notably from the phenomenon of de-judicialization. Starting from a new
conception of access to justice, revealed as the fundamental right to a fair legal
order, and therefore to the Justice System as a whole, transcending the classic
idea of strict formal access to the Judiciary. In view of this new legal scenario
arising from the de-judicialization and the growing dissemination of extrajudicial
means of conflict resolution, in which the administrative process has been
strengthened as an instance for the realization of material rights, it is clear that
administrative agents would be able to enforce the guarantees and
constitutionally guaranteed fundamental rights. The performance of the services
would also take place from the lens of due legal process as a compass to indicate
the direction of legal security, an organic principle that guides any and all
processes/procedures. The result of the investigation reveals that the extrajudicial
registries reveal themselves with institutional characteristics and purposes
capable of achieving access to a fair legal order. The method used in this research
as the most appropriate methodological path, considering the proposed
objectives, paradigms and axiological nuclei of a constitutional order, consisted of
bibliographical and dogmatic research, based on a literature review on access to
material justice and due process of law. substantial in comparison with the
postulates of legal security in the environment of de-judicialization in Brazil and in
the international scenario. | eng |
