09/17/2024 – 7:46
All notary offices in Brazil will have to draw up electronic notarial acts and issue digital certificates whenever this format of documents is requested by citizens. The determination was made by the national ombudsman of Justice, Mauro Campbell Marques, author of provision 181/24 of the National Council of Justice, and responds to a request from the Federal Council of Notaries of Brazil.
Since September 12, when the provision was published, the 30-day period began to run for notaries to integrate their offices into the system, which allows for greater speed, savings and security in notarial services.
According to the CNJ, of the 1,264 offices with exclusive notarial powers, 1,097 have already performed electronic notarial acts and 1,011 have been accredited for the possibility of issuing certificates. Of the 7,564 extrajudicial offices with notarial powers in addition to other powers, 4,531 have performed electronic notarial acts and 3,681 have been accredited for the possibility of issuing certificates.
When ordering the expansion of the service, the inspector claimed that the decision “contributes to the efficiency and transparency of notarial services”. Through the e-Notariado platform, through which electronic notarial acts are performed, 1.4 million protocol acts, 2.2 million extra-protocol acts and 2.9 million digital authentications have already been performed. To date, 1.6 million notarized digital certificates have been issued by 4,503 notarial authorities.
In his vote, the inspector justifies that the electronic notarial act has become an integrated tool for society, enabling the issuance of documents such as:
– Public deed, which even allows the making of wills;
– Powers of attorney;
– Notarial minutes.
The inspector highlighted that the platform also has specific features to meet needs such as the Electronic Travel Authorization (AEV) and “more recently, the electronic authorization for the donation of organs, tissues and parts of the human body, through the Aedo form”.
Mauro Campbell Marques pointed out that the lack of coverage of the electronic notary service throughout Brazil is detrimental to citizens, since they are left without access to the issuance of digital certificates. He also recalled that access to the internet has increased after the pandemic, overcoming issues that were previously considered difficulties in subscribing to the service.
“The four years of operation demonstrate that the platform has the capacity to support the practice of acts throughout Brazil, and the costs for notaries are low,” he wrote.
Regarding the proposal, presented to the National Inspectorate by the Brazilian Notarial College, 24 of the 26 inspectorates of the country’s courts of justice were in favor or not against. Among the suggestions presented, it was recommended that the Notarial College prepare a project “to assist small notary offices in acquiring the equipment necessary to issue notarized digital certificates and in promoting regional training and updates for the use of the platform”.
Regarding costs, the Brazilian Notarial College clarified that there is “differentiation in the amounts transferred to the offices, according to the services used within the platform, considering the infrastructure required to perform each type of activity”. Thus, payment of the platform costs is made per use, based on the act performed. Notaries who draw up few notarial acts will have a small financial expense, but without burdening the citizen.
The inspector also understood that the electronic notarial acts system e-Notariado provides, “in a democratic manner, a robust and secure technological infrastructure”. He recalled that the idea of a single integrated platform for the practice of extrajudicial services in a virtual manner is not new. The minister mentioned the Civil Registry Information Center for Natural Persons (CRC), the establishment of the Electronic Public Registry System (Serp) and the National Center for Electronic Services of Protest Notaries (Cenprot).
Finally, when determining the adhesion of registrars to e-Notary, the inspector highlighted the successful experience and security of the platform, the low financial cost for notaries and the benefits for citizens. “It facilitates the evolution of public service and the digital inclusion of the entire society”, he concluded.
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