A vacância das serventias extrajudiciais no estado do Tocantins: análise dos processos administrativos para preenchimento das vagas por intermédio de concurso público

Abstract

The present research is based on the analysis of the administrative proceedings brought before the Court of Justice of the State of Tocantins for holding public contests to fill vacancies in notary and registry public offices in the State of Tocantins. The requirement is based on the text of art. 236 of the Federal Constitution of 1988, which established the notary and public registry services, which must be exercised by private individuals, by delegation from the State. The constitutional provision was regulated by Law No. 8935/94, whose article 16 provides for a mandatory public contest of tests and titles to fill the extrajudicial offices in all states. The law determines that the vacancy shouldnot last longer than six months. The case study methodology was used for the investigation and critical analysis of the administrative processes, culminating inthe elaboration of a technical guide, presented in the discussion of results section. The first section presents a conceptual review of the public services provided by the Public Administration, the principles and rules of a mandatory nature, demonstrating the duty to hold public contests for extra-judicial public services. The second section presents the main characteristics of notary and registry public services, specifically presenting an overview of the situation of vacancies in the state of Tocantins. The third and last section analyzes the processes in progress in the State of Tocantins for the holding of public contests, with a time frame of 06 (six) years - starting in 2014 - presenting as a product a technical orientation to remedy the irregularities raised.