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Posted on 06/05/2022 14:54 Updated 06/05/2022 14:59
Federal Government proposal provides for modernization of public registry offices
The MP enables the implementation of the Electronic System of Public Records (Serp), through which legal acts and transactions will be registered and consulted electronically - Photo: Arquivo/Fabio Rodrigues Pozzebom/Agência Brasil
The Federal Government prepared a proposal to modernize the system of public registry offices and the text was approved, on Thursday (05/05), by the plenary of the Chamber of Deputies. Provisional Measure No. 1,085/2021 provides for notaries to carry out acts electronically and be interconnected. This will allow citizens to access public records over the internet, without leaving home, in addition to reducing the time for issuing certificates.
The modernization covers notaries such as real estate, titles and civil documents of natural and legal persons. The provisional measure was prepared by the Economic Policy Secretariat (SPE) of the Ministry of Economy, with the support of the Presidency of the Republic, the Ministry of Justice, and the collaboration of associations in the area and representatives of the National Council of Justice. The text was sent to the National Congress in December 2021. With the approval in the Chamber, it goes to the Senate for consideration.
The provisional measure makes it possible to implement the Electronic System of Public Records (Serp), through which legal acts and transactions will be registered and consulted electronically. The system will allow notary users to be served via the internet, with a cell phone in hand, or by computer.
They will be able to have remote access to information on movable and immovable property guarantees and send documents and titles for registration in electronic format. Also in electronic format, certificates will be issued and information provided by public registry offices.
This reality is currently impossible, since a survey carried out by the SPE found that more than half of the notaries in the country do not have a website, which forces citizens to go to them in person.
An example of the changes that the citizen will have is the registration of a child, which is currently done in person at the civil registry office of natural persons. With the measure, it will become possible, with the use of the cell phone, to send the necessary documentation for the registration by Serp.
In addition to practicality, the changes will reduce the time of issuing certificates and documents. For example, the deadlines for registration of purchase and sale deeds, without special clauses, of construction registration requirements and cancellation of guarantees will be reduced from 30 calendar days to five working days.
Connection between the offices
Serp will also make it possible for public registry offices and their databases to be interconnected, allowing for integration. In this way, documents and information will be able to travel electronically between the public registry offices and their users, including the public authorities. The text approved by the Chamber provides for the interconnection to be effective until January 31, 2023.
Thus, it will be possible to use electronic extracts with structured data, which will dispense with the presentation of the physical document for the realization of records, ensuring greater efficiency, practicality and detailing of the acts and businesses officialized in the notaries. The user will also have access, remotely, to all units of public records, through the internet.
With the interconnection, citizens will be able to get rid of the “pilgrimage” to the registry offices, when it is necessary to go to several of them to obtain certificates and documents. Thus, they will spend less time on administrative bureaucracy.
According to the SPE, the expectation is that the modernization measures will improve the business environment and reduce costs. “All these measures help to reduce bureaucratic dysfunctions and make electronic registration popular. The initiative brings Brazil closer to countries that have the best international practices, with a consequent improvement in the business environment”, the secretary noted.
Advantages that will be brought by the MP
The Ministry of Economy detailed 10 benefits of the modernization of the notary system in Brazil that will be made possible by Provisional Measure nº 1.085/2021. Check out some of them and access the full list.
-Less bureaucracy in obtaining and registering data between notaries for divorce;
-The notaries that only accept cash payment are over. With Serp, electronic payments should always be possible;
-The necessary certificates for the registration of a property will be obtained faster


Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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