O Princípio da segurança juridica e a atuação do extrajudicial nos casos de regularização fundiária

Abstract

The objective of this study was to analyze extrajudicial action in land regularization in Brazil, with a focus on the application of the principle of legal certainty. The research was based on the observation that land irregularity is one of the greatest social, legal, and urban challenges of our time, requiring solutions that reconcile efficiency, social inclusion, and stability in legal relations. In this sense, dejudicialization was examined as an alternative to the traditional judicial model, marked by slowness and high costs, highlighting the relevance of notary offices and other administrative bodies in formalizing possession and ownership. The study addressed the constitutional foundations of legal certainty, understood as an unalterable clause supported by acquired rights, perfect legal acts, and res judicata, demonstrating that its observance is indispensable for the legitimacy of the titles issued and for the prevention of future conflicts. A historical and normative analysis was also carried out, from Law No. 6,766/1979 to Law No. 13,465/2017 and Decree No. 9,310/2018, which highlighted the legislative evolution towards simplifying procedures and expanding social inclusion, assigning a central role to real estate registrars. The investigation concluded that the extrajudicial route, by providing speed and accessibility, strengthens citizenship and fulfills the social function of property, provided that it is accompanied by technical rigor and cooperation between municipalities, public agencies, and extrajudicial services. Practical examples, such as those in Porto Alegre and Belo Horizonte, demonstrated the positive social, economic, and legal impacts of extrajudicial regularization, showing that it is an instrument capable of reducing inequalities, increasing property values, and ensuring the right to decent housing. However, it was emphasized that simplification cannot occur hastily, under penalty of compromising legal certainty, and that compliance with legal guarantees and responsible action by registrars is essential. Thus, the study confirmed the hypothesis that extrajudicial action is capable of ensuring legal certainty in land regularization, provided that it is balanced with control mechanisms and respect for constitutional principles.