Conciliation, mediation and arbitration in notary offices and public records

critiques and suggestions regarding the CNJ regulatory act

Abstract

This paper presents a proposal to develop conciliation, mediation and arbitration in notary offices and Brazilian public records, through changes in the arts. 18 to 57 of the National Code of Norms of Internal Affairs of Justice of the National Council of Justice - Extrajudicial Forum - CNN/CN/CNJ-Extra (devices corresponding to the former CNJ Provision nº 67, 2018), issued with the purpose of regulating «conciliation and mediation procedures in notarial and registration services in Brazil». The article offers criticism and suggestions for improving the normative act of the CNJ, which, even after more than 5 years of its expedition, was practically not implemented. To this end, the concept of multiport justice is outlined and, from it, the concepts of conciliation, mediation and arbitration. It also differentiates the conciliation and mediation judicial and extrajudicial, presenting the legislation that deals with the subject. At the end, the main provisions of the administrative standard of the CNJ are analyzed and suggestions for changes to its rules are made. The methodology used was descriptive and explanatory research, exposing the main concepts necessary for the reader to understand the theme and later, clarifying how changes in the CNJ rules can enable the effective and adequate implementation in a large part of the Brazilian notarial and registration services of conciliation, mediation and arbitration activities.