Revista Eletrônica de Direito Processual (Sep 2021)

SUSTAINABLE JURISDICTION AND THE (IM) POSSIBILITY OF REVISION IN ADMINISTRATIVE DECISION ON THE GRATUITY OF EXTRAJUDICIAL EMOLUMENTS GRANTED BY JUDICIAL POWER

  • Antonieta Caetano Gonçalves,
  • Magno Federici Gomes

DOI
https://doi.org/10.12957/redp.2021.59414
Journal volume & issue
Vol. 22, no. 3
pp. 82 – 102

Abstract

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Constitutional guarantees of access to the Judiciary were expanded in CPC/2015, which expressly included extrajudicial fees in the concept of free justice. However, § 8 of art. 98 CPC/2015 determined that the competent court to revoke the concession of such gratuity would be the competent court to decide notarial or registry issues, which is the administrative court, director of the forum, as a rule. The problem that arises: is the administrative court competent to revoke a jurisdictional decision? The hypothesis is that free justice will be granted and revoked by the judge of the case in respect of the unified system of judicial control.

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