Qualificação registral imobiliária à luz da crítica hermenêutica do direito. Equanimidade e segurança jurídica no registro de imóveis

Abstract

Based on the constitutional directive that imposes on the State the duty to guarantee the inviolability of the right of property, the public registration of real estate in Brazil is a mandatory condition for certain rights related to real estate to be constituted, declared, modified and extinguished. In addition, the publicization generated with the registration gives the registered title the presumption that it is in accordance with the law, which imposes on the person responsible for the service the duty to examine whether the titles presented to him were agreed upon in accordance with the legal system, to decide, based on this examination, whether the postulated registration should be granted or denied. In this context, the present study, based on Hermeneutical Critics of Law (HCL) developed by Lenio Streck, has as main objective to carry out a critical reflection regarding the assignment to decide of the real estate registry officer, in order to demonstrate that, to attend the requirements of the Democratic Rule of Law, such assignment must be fulfilled from a theory that offers the necessary tools to shield it against interpretative discretion.