Alvin, Eduardo Pellegrini de Arruda2024-11-272024-11-272022RINALDI, Giovanna Truffi. Ampliação da desjudicialização na alteração de nome e na retificação administrativa promovidos pelo registro civil das pessoas naturais: concretização do acesso a justiça. 2022. 162 f. Tese (Doutorado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2022.http://repositorio.unialfa.com.br/handle/123456789/472Society increasingly seeks to achieve the ideal of Justice in a concrete, rapid and simplified way, without prejudice to legal certainty. Thus, the Judiciary's own Jurisdiction is not the only way to achieve social peace. It is noticed that access to justice can be achieved with the dejudicialization of procedures. For this, the Judiciary can transfer certain attributions to professionals under its supervision, thus using its normative and supervisory power. In this área, the notarial and registry services are qualified and structure to operationalize several legal activities, in a simplified way and with legal certainty. The notary and registry services are provided by the Federal Constitution (art. 236) and supervised by the judicial power (§2º), which issues normative provisions for their enforcement beyond the law. Many demands were simplified and de-judicialized by directing them to extrajudicial services. As a benchmark, Law 11.441 of 2007 allowed the processing of divorces, separation, and inheritance transmission directly in notary offices, with the participation of a lawyer for the capable parties, with consensus. After this change, other procedures have being gradually dejudicialized and transferred to other extrajudicial specialties, such as real estate registries, protest notaries and, mainly, the civil registries of natural persons, given their intense proximity in essential acts in the lives of citizens. This tendency to dejudicialize has gained more and more strength. The Civil Registry of Natural Persons, highlighted, is one of the extrajudicial services with the primary function of providing a public service with specific acts of citizenship and of natural person. Among its various attributions, we can highlight birth registration and the consequent constitution of the name, marriage registration, death registration, annotations, procedures and rectifications, among other civil acts that must be registered. It can be seen that the extrajudicial services have an adequate structure for the practice of these activities and for treatment if great social need. Thus, there must be the promotion of new simplified measures to more effectively solve the large volume demands that unnecessarily flow into the Judiciary, and thus aggravate the current numerical crisis that it faces. There has already been great progress with the dejudicialization in the the Civil Registry of Natural Persons, in matters such as: late birth registration, recognition of a biological and/or socio-affective child, administrative corrections, name and sex changes, as well as the simplification of the procedure for registration of foreign judgment divorces, among others, indicated in this work. Many of these procedures were simplified based on consolidated jurisprudential understandings approved by jurisprudence and by the Higher Courts, which, given the legal stability of the subject, were edited by the National Council of Justice in provisions of uniform application at national level. In addition, in support of the proposal of this work, the legislative advances will be presented. The practical results and the need for greater incentives for the use of unjudicial procedures are perceptible. Only in this way will the constitutional precepts and objectives of promoting citizenship and access to justice be achieved. The study seeks to present the history of these advances and the importance of the competent performance of extrajudicial services in collaboration with the de-judicialization to promote access to justice quickly and securely, complying with constitutional principles, in particular for the civil registry service of natural persons. In addition to the advances presented, this study proposes the expansion of possibilities for dejudicialization of name change procedures. Finally, a new reading is presented to expand the interpretation of item I of art. 110, of Law 6,015/1973, which provides for administrative rectification for errors in the civil registry of natural persons, through specific regulations. The proposals of this work seek to meet the current demands of society and achieve the dignity of the human person and access to justice.ptAcesso à justiçaDesjudicializaçãoRegistro Civil das Pessoas NaturaisRetificação