Post by account_disabled on Mar 11, 2024 0:14:23 GMT -5
The Federal Supreme Court upheld the decision of the National Council of Justice that imposed restrictions on the activities of Eliane de Dornelles, temporary head of the Office of Special Records and Protests of the District of São Gabriel, in Rio Grande do Sul. In his decision, Minister Carlos Ayres Britto concluded that notary and registration services are typical state activities and, when there is no holder at the registry office, it is up to the State to receive the income obtained by the service.
She questions the act that limited the receipt of emoluments, in addition to the administrative, financial and management autonomy of extrajudicial services. After the death of the service holder, Eliane was appointed to respond, provisionally, for the services, until a public competition was held to fill the position.
The petitioner alleged that the rights guaranteed in article Austria Phone Numbers List of the Federal Constitution and articles , and of the Notary Law (Law ,/) were violated, which state that notarial and registration services must be performed privately, It is up to those responsible for its provision to receive full emoluments and hire clerks “with freely adjusted remuneration and under the regime of labor legislation”. Eliane also stated that she was surprised by the decision that determined the deposit of the notary's income into a State account through the Electronic Justice Gazette .
Ayres Britto considered that there are no requirements for granting the injunction, since the magistrates' power of caution “is exercised in a deliberative judgment in which the urgency of the decision and the impossibility of analyzing the case in greater depth are mixed in the same tone”.
He also stated that, although carried out privately, notary and registration services “are typical state activities”. “Although the exercise of these activities is the responsibility of private individuals, without the status of public servants, the ownership of the services remains with the State. So much so that the 'delegation of public power' is necessary,” he explained. The minister also stated that this delegation is made in favor of a person duly approved in a public exam and qualifications competition.
She questions the act that limited the receipt of emoluments, in addition to the administrative, financial and management autonomy of extrajudicial services. After the death of the service holder, Eliane was appointed to respond, provisionally, for the services, until a public competition was held to fill the position.
The petitioner alleged that the rights guaranteed in article Austria Phone Numbers List of the Federal Constitution and articles , and of the Notary Law (Law ,/) were violated, which state that notarial and registration services must be performed privately, It is up to those responsible for its provision to receive full emoluments and hire clerks “with freely adjusted remuneration and under the regime of labor legislation”. Eliane also stated that she was surprised by the decision that determined the deposit of the notary's income into a State account through the Electronic Justice Gazette .
Ayres Britto considered that there are no requirements for granting the injunction, since the magistrates' power of caution “is exercised in a deliberative judgment in which the urgency of the decision and the impossibility of analyzing the case in greater depth are mixed in the same tone”.
He also stated that, although carried out privately, notary and registration services “are typical state activities”. “Although the exercise of these activities is the responsibility of private individuals, without the status of public servants, the ownership of the services remains with the State. So much so that the 'delegation of public power' is necessary,” he explained. The minister also stated that this delegation is made in favor of a person duly approved in a public exam and qualifications competition.