THE EXTRAJUDICIAL RECOVERY PERFORMED BY PROTESTS NOTARYS AS A FORM OF ACCESS TO JUSTICE AND APPLICATION OF HUMAN RIGHTS

The work has as general objective to demonstrate that the Notary of Protests is a public agent able to recognize the request for Extrajudicial Reorganization. For that, it would be necessary to elaborate a specific Law. Jurisdictional clutter is a relevant issue that needs to be studied by the Public Power in order to create public policies providing relief to the Judiciary Power and ensuring access to justice. As a specific objective, Provision No. 72/2018 of the National Council of Justice was analyzed, which provided for measures to encourage the discharge or renegotiation of debts protested in the notaries of protest in Brazil, to serve as lege ferenda. Therefore, the Deductive Scientific Method was used, performing technical analyzes of the cited legislations, doctrines, jurisprudence, articles and collated periodicals, to finally reach the conclusion that the Notary of Protests is a public agent capable of conducting the procedure of the Request of Extrajudicial Recovery as it is an agent able to formalize agreements and renegotiate debts. Furthermore, the debate on initiatives aimed at dejudicializing conflicts is a relevant matter, as it provides access to justice, which is a human right sought by our Constitution and by international human rights treaties and agreements to which Brazil is a signatory.