Torts related to the malpractice of notaries and register officers in Brazil

Abstract

The essay analyzes the torts related to the malpractice of notaries and register officers under the perspective of Brazilian law. First, the paper examines the legal aspects and elements that are applicable to these kinds of activities. The paper stresses that there is a specific legal framework for such activities and should be treated as so. In sequence, the paper analyzes the activity of notaries and public register officers under the perspective of tort law, considering the changes established by case law and the Brazilian Constitution of 1988. In order to solve antinomies, mainly the one noticed between Articles 37, §6º, and 236, §1º, both from the Constitution, the paper advocates for the interpretation of such articles along with the analysis of specific provisions of torts concerning the notary and register officers’ activities. Finally, the paper discusses a recent decision issued by the Brazilian Supreme Court on the subject.