A competência absoluta da retificação de registros públicos na Lei Nº 6.015/73: (A Improrrogabilidade da Competência Territorial do Órgão Judicial nos Casos de Alteração de Registros Públicos)

The present study aims to analyze aspects concerning the jurisdiction by territory in rectifying public records, as they are called in Brazil certificates of birth, marriage and death. In Brazil, changes in public records are made by the courts. Formerly Europeans coming to Brazil had to change thei...

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Bibliographic Details
Main Author: de Castilhos Oliveira Costa, Julio Cesar
Format: Article
Language:Portuguese
Published: 2015
Subjects:
competência absoluta
competência relativa
retificação
registros públicos
Absolute Jurisdiction
Relative Jurisdiction
rectifying
public records
competencia improrrogable
prórroga de competencia
rectificación de registros públicos
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5460660
Source:Derecho y Cambio Social, ISSN 2224-4131, Año 12, Nº. 39, 2015
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A competência absoluta da retificação de registros públicos na Lei Nº 6.015/73: (A Improrrogabilidade da Competência Territorial do Órgão Judicial nos Casos de Alteração de Registros Públicos)
Summary: The present study aims to analyze aspects concerning the jurisdiction by territory in rectifying public records, as they are called in Brazil certificates of birth, marriage and death. In Brazil, changes in public records are made by the courts. Formerly Europeans coming to Brazil had to change their original names to name equivalent Portuguese. Today it is an obstacle to their descendants who want a European citizenship, because they must demonstrate that the new name adopted by his ancestral corresponds to the original name (requirement of consulates to accept the application of European citizenship), that is, he is the same person. Because of the number of Brazilians that are European descents, the actions presented in court to change the names of their ancestors are increasing. Hence, we have tried to emphasize that a literal reading of the Brazilian public records law can lead to a wrong conclusion of the adoption, in rectifying public records, of the institute of relative jurisdiction (prolongable). This understanding allows the filing of an action for rectification of public records in any jurisdiction. However, the constitutional principle of natural judge requires the use, in rectification in public records, of the institute of absolute jurisdiction (unpostponable).

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