A conexão dos direitos humanos ao direito notarial brasileiro

• Ano de defesa: 2024
• Autor(a) principal: Harmbach, Oduwaldo José
• Orientador(a): Matsushita, Thiago Lopes
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Pós-Graduação em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Desenvolvimento; Direitos humanos; Direito notarial; Humanidade
• Palavras-chave em Inglês: Development; Human Rights; Notarial Law; Humanity
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/43915

This study aims to present the important meaning of the concept of humanity, hypothesizing its absence in Brazilian Notarial Law. It is therefore necessary to implement it as a principle in its sphere. Regarding the problem of social inequality in Brazil and the existing situation of vulnerability, the hypothesis is the lack of implementation of the Right to Development, which, in turn, has not led to public policies that could prevent the current social and economic inequality. Both the concepts of Humanity and the Right to Development are present in Human Rights. From this perspective, the importance of this study is to propose the reference of Human Rights, showing that the concept of humanity is highly relevant in life in society, and consequently essential to be implemented in what concerns Notarial Law. It is underlined that it is not viable to talk about humanity with citizens who do not have the possibility of decent housing, which is a necessity and right for them. The originality of this work lies in the fact that it points out and emphasizes that there is no regulation, guidance or concern in Brazilian Notarial Law concerning the concepts of humanity and vulnerability, since all notarial principles are legal techniques. Based on this observation, we argue in favor of including these issues in Brazilian Notarial Law. This study focuses on Human Rights, notably for those who are socially vulnerable. Throughout the explanation of this study, it was possible to note that Brazil has the necessary means, ranging from natural resources to a thriving economy; however, it is crucial to implement legal instruments – among them, the Right to Development and the CapH Factor - Humanist Capitalism – to guide and discipline the activities of the capitalist economic system. Focused on the production of goods and services and with the logic of profit, it results in great social inequality in the country. Finally, it is highlighted that housing is fundamental to the concept of humanity and that its acquisition to have legal security must go through bureaucratic processes, as well as that these cannot be a reason for the exclusion or segregation of citizens, especially those who most need legal assistance in the exercise of their acts