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

Autor: Antonieta Caetano Gonçalves, Magno Federici Gomes
Jazyk: English<br />Spanish; Castilian<br />Italian<br />Portuguese
Rok vydání: 2021
Předmět:
Zdroj: Revista Eletrônica de Direito Processual, Vol 22, Iss 3, Pp 82-102 (2021)
Druh dokumentu: article
ISSN: 1982-7636
DOI: 10.12957/redp.2021.59414
Popis: 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.
Databáze: Directory of Open Access Journals