(PT) National Council of Justice decides which registry offices should disclose billing on the internet - RMS Advogados
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National Council of Justice decides which registry offices should disclose billing on the internet


Resolution No. 215/2015

The Plenary of the National Council of Justice (CNJ) unanimously approved the inclusion of all extrajudicial services among the bodies that must, among other aspects, disclose their billing. As a result, notary and registration activities in Brazil will be included in Resolution No. 215/2015, which provides for access to information in the Judiciary, regulating the application of Law No. 12,527 / 2011 in this space.


Resolution No. 215/2015 stipulates the duty of administrative and judicial bodies to guarantee people “the right to access information, through objective and agile procedures, in a transparent, clear and easy-to-understand language”. To this end, the disclosure of information of general interest takes place regardless of requirement (e.g. budget programming and execution, remuneration structures, remuneration and earnings), as well as ensuring passive transparency by submitting an information request to the citizen.


Process No. 0007427-48.2018.2.00.0000 aimed to make said normative act compatible with the CNJ’s understanding in Ordinance No. 63/2017, together with the understanding of the constitutional provisions related to the right of access to information, government documentation, administrative records and government information, in addition to Law No. 12,527 / 2011.


In the vote of Counselor Marcos Vinícius Jardim Rodrigues, the possibility of disclosing the billing of the notaries was highlighted because “the Brazilian extrajudicial activity is a service regulated by the Judiciary and, therefore, it must submit to all the transparency rules established in the Constitution Federal Law and the norms of this National Council of Justice ”.


In this way, notaries must include on their respective sites in the field called “Transparency” on a monthly basis the data concerning the amount obtained with the collection of fees, other revenues, total importance as expenses, remuneration perceived by the person in charge of the service, among others. It will also be necessary to respect the General Law for the Protection of Personal Data in the disclosure of this information.


Wilson Sales Belchior


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