Council decides to maintain interim Bahia registry office officer for another 15 days

The Plenary of the National Council of Justice (CNJ) partially judged the action proposed by an interim employee of the Registry of Real Estate, Titles and Documents and Legal Entities of the District of Seabra, in the interior of the state of Bahia, so that she could be kept in the position until the deadline granted by the Federal Supreme Court (STF) – April 19 – in the judgment of Direct Action of Unconstitutionality (ADI) n. 1,183/DF. The Court established a period of up to six months for registry offices in this situation to exchange interim officers for gazetted delegates.

The rapporteur of the Administrative Control Procedure (PCA) 0001954-08.2023.00.0000 at the CNJ, counselor Marcos Vinícius Jardim Rodrigues, proposed that the preliminary decision keep the interim officer in the registry office for another 15 days, when the deadline established by the STF will end. After this period, the General Inspectorate and the Inspectorate of the Interior Districts of the Court of Justice of Bahia (TJBA) must fully and definitively comply with the Supreme Court’s ruling.

The STF’s decision defined that, if an extrajudicial registry office remains without a holder for more than six months, only someone approved in a public competition can occupy this role. In the judgment of the embargoes in ADI 1183, the Court gave a period of up to six months, counting from the conclusion of the trial (October 19, 2023) for notary offices that are in this situation to exchange their replacements for certified professionals by April 19.

During the trial, counselor Daniela Pereira Madeira reinforced that the courts are able to make exchanges for the gazetted delegates and that they do not need to wait for the maximum time given by the STF in the ADI or for the decision to become final. “Nothing prevents the courts from preparing to make these exchanges. Many courts are understanding that the ADI needs to be final and unappealable for the decision to become valid and this is not true. Since its trial it has already been effective. That is, since October 19, 2023,” she stated.

The issue of res judicata is exactly the subject of the plaintiff’s defense. For their lawyers, although the STF has indicated a maximum period of six months for non-gazetted substitutes to serve on an interim basis, the Motion for Clarification is pending, which could clarify the extent of the decision or even modulate its effects.

The preliminary injunction made by the author requested that the TJBA General Inspectorate suspend the progress of Request for Measure no. 0001995-19.2022.2.00.0805, and do not appoint a new employee, even if a holder and gazetted, at the Registry of Real Estate, Titles and Documents and Legal Entities of the District of Seabra (BA), until the final decision of the supreme court, the which was not accepted by the CNJ Plenary.

Review the 4th Ordinary Session of 2024 on the CNJ YouTube channel