New technologies in the context of notary offices: an analysis of the implementation of electronic notarial acts through the e-Notariado platform in light of territorial jurisdiction established by law in Brazil

Abstract

This article examines the impact of new technologies on Brazilian notarial services, focusing on the implementation of electronic notarial acts via the e-Notariado platform and its effects on territorial jurisdiction. Starting from the context of judicial overload and the promotion of a “multi-door” justice system, the study highlights the growing role of extrajudicial services—particularly notary offices—in offering alternative pathways for conflict resolution and legal formalization. It then reconstructs the historical and legal framework of the notarial function in Brazil, emphasizing its nature as a public function delegated to private professionals under strict judicial oversight. Against this backdrop, the article analyzes the regulatory activity of the National Council of Justice (CNJ), especially Provision No. 149/2023, which consolidates the rules on electronic notarial acts and introduces exclusive territorial competence criteria for their performance. Using a deductive, qualitative, bibliographic and documentary method, the research investigates whether the CNJ, by restricting users’ free choice of notary and redefining territorial limits, has exceeded its regulatory powers and encroached upon the Union’s exclusive legislative competence over public records. The conclusion is that such regulation potentially modifies federal law, raising serious questions about the validity of the administrative act.