ALTERAÇÃO DA RESOLUÇÃO CNJ Nº 35/2007: ANÁLISE COMPARATIVA ENTRE AS DIFERENTES NORMATIVAS ENTRE OS ESTADOS FEDERADOS SOBRE PROCEDIMENTOS DE DIVÓRCIOS E INVENTÁRIOS EXTRAJUDICIAIS COM PARTICIPAÇÃO DE MENORES INCAPAZES

Abstract

This article analyzes state rules on divorces and extrajudicial inventories involving incapacitated minors, considering the unfair competition between notary offices, the harm to the population and the recent amendment to Resolution No. 35/2007 of the CNJ. The research highlights the legal uncertainty generated by the lack of uniformity in the rules and explores the possibility of carrying out acts digitally. Thus, the work carries out a comparative analysis of legislation, understanding that only the regularization of the isolated norm is not the alternative to resolve the problem addressed. The central objective of this work aims to compare and demonstrate the losses caused by the absence of standardization even after Regulation 571 [6]. A methodology of a basic nature was used, with descriptive objectives, relying on bibliographic and documentary sources. It is concluded that, despite the standardization potential of the new standard, implementation challenges persist, especially in relation to the protection of minors' rights and uncertainty regarding the effective standardization of procedures.