Portugues

Abstract

ABSTRACT

The 1988 Federal Constitution distributed rights to a population dominated by totalitarianism and a victim of state violence, promising a new relationship between citizenship and the republic. Civil rights, such as the direct and secret vote, moved the national political scene. Social rights such as education, health, food, work, housing, transportation, leisure, security, social security, in addition to procedural instruments guaranteeing citizenship, such as habeas corpus and the writ of mandamus, were available to everyone.

However, the vulnerable populations continue to suffer from the violence of the state force, the spaces for conflict resolution created by the Judiciary are insufficient, and the dignity of the human person, one of the foundations of the republic, is still an asset to be sought.

In this scenario, the possibility of administrative conflict resolution arises, through extrajudicial services, a delegated public service exercised by registrars and notaries, professionals in the legal area, who act in the orientation and concreteness of rights. The National Council of Justice (CNJ), created by Constitutional Amendment no. 45, of 2004, in its Internal Regulations (art. 8, X) provides for the authority of the body to issue Recommendations, Provisions, Instructions, Guidelines and other normative acts for notarial and registration services.

Our proposal is to identify some of these normative acts created by the CNJ and to highlight its ability to prevent, mediate and resolve conflicts through administrative means.

Keywords: conflict; citizenship; solution.