Efeitos jurídicos da função social do oficial registrador imobiliário

Abstract

In order to meet the constitutional principle of harmony and stability of the society at large, the Public Authorities, under article 37, § 6th of the Federal Constitution, empowers the private the real estate registration service, vesting him with the position of registrar officer. This activity has a relevant social role, since acts of registration have the primary object of protecting transactions pertaining to the estate. To the extent that this important social role is not complied with, disregarding the registration law, the real estate registrar officer, as a result of his/her inherent social responsibility, will be liable for other responsibilities: penal, administrative, tax and civil law. Penal law views to ensure social harmony; administrative law views to regulate the registration services; tax law views to restore fiscal obligations and civil law focuses on damages indemnity, by those who cause it, with the intent of reestablishing not only the legal balance but also the economic balance regarding the offended party. The civil liability interest, in the Brazilian law, has the purpose of restoring the balance both of lost assets and of moral offenses, as well as the distribution of wealth, as dictated by the Justice. These, are to be applied for the protection and security of social stability, threatened by damaging practices during the exercise of a delegated public office. Such public delegation maintains a bond between the State and the Registrar. They have a subsidiary relation with each other regarding the civil liability for the remediation of damages to the offended third party, whose objective nature results in administrative risk, since the State holds the public service, and as result of the delegated activity of the real estate registrar officer