Moro, Maitê Cecilia Fabbri2024-11-142024-11-142023PORTO, Camila Caixeta Cardoso. Reflexão crítica da adequação das formalidades e do procedimento de cumprimento do testamento: reestruturação formal à luz do notariado latino. São Paulo (SP), 2023. 190 f. Tese (doutorado) - FADISP, São Paulo, 2023https://repositorio.unialfa.com.br/handle/123456789/462The present work aims to analyze the will as a legal instrument of last will, especially in relation to its formal aspect. In the first part, the objective is to deepen the central problem, objectively defining its reasons of origin. From a digression about the testamentary succession in the legal system, it is verified the anachronism of the norms that regulate the wills in the Brazilian law. Legislative inertia in matters of succession draws attention, notably in relation to the preparation of last will provisions. The problem becomes more evident when analyzing the formal rules meticulously imposed in the Civil Code, presenting a scenario of mismatch with contemporary society and the tendency to search for speed, simplicity and efficiency. The problem becomes more evident when analyzing the formal rules meticulously imposed in the Civil Code, presenting a scenario of mismatch with contemporary society and the tendency to search for speed, simplicity and efficiency. Alongside the prominent position enjoyed by the new forms of succession planning, the aim is to analyze the reasons for the will crisis, attenuated by the paradox of formalities and the tendency to make testamentary formalities more flexible. Ahead, in the second part of the work, the legal solution is viable and valid contemporaneously. It discusses the importance of the right to test, as a fundamental right, as well as the security that is inherent in wills. A posteriori, based on the legal regime constitutionally assigned to extrajudicial services, especially notary offices, associated with the type of notary adopted in Brazil, the ability of notaries to broadly exercise the legal activity of formalizing and executing wills is demonstrated. After a careful analysis of the characteristics, duties and attributions of notary publics, it is noted that the civil and civil procedural legislation pertaining to wills did not adapt to this regime of administrative activity. Guided by these pillars, it is evident the needlessness and impertinence of a detailed and exhaustive disposition of the rules for the elaboration of public and closed wills. Therefore, it is necessary to analyze and propose simplification of testamentary formalities, which partially resolves the reasons for the problem presented in the first part of this work. At this point, the wills with intervention of the notary are analyzed, analyzing the way in which private wills are drawn up and the necessary security that the act demands. In addition, also taking advantage of the Brazilian notarial system, the possibility and form of waiver of the special and prior judicial procedure for validating the will is studied, when there are interested parties of age and capacity, provided they agree. It defends the dispensability of judicial analysis of the procedure, in order to reduce bureaucracy in the will and inventory. It is suggested the extrajudicial procedure, its regulation and the necessary legislative amendments able to materialize such a desideratum. Thus, the entire study turned to the study of the will, seeking methods to make it efficient, based on simplification, speed and security. To this end, it was demonstrated that the Brazilian notarial system is a useful and necessary ally, being able to widely exercise activities in testamentary matters, safeguarding the security that the act essentially demands, as well as promoting the necessary simplification, less bureaucracy and speed that testamentary succession require.ptTestamentoPlanejamento sucessórioSucessão testamentáriaInstrumento público