THE LEGALITY OF RESOLUTION Nº 976/2021, EDITED BY THE COURT OF JUSTICE OF THE STATE OF MINAS GERAIS AND WHICH CREATED NEW EXTRAJUDICIAL OFFICES

Abstract

The aspects involving Resolution No. 976/2021, issued by the Court of Justice of the State of Minas Gerais (TJMG), will be analyzed in light of the 1988 Constitution of the Republic, state legislation and the case law of the Supreme Federal Court. The aforementioned Resolution promoted the splitting of the extrajudicial offices corresponding to the 2nd, 6th and 7th Real Estate Registry Offices of the district of Belo Horizonte/MG, creating the 8th, 9th and 10th Offices. This involves the creation of new extrajudicial offices and the modification of districts by means of a resolution of the state judiciary. In the case under analysis, it is important to determine whether the then existing state law (Law No. 12.920/1998) would be sufficient to authorize the act by the TJMG; in other words, would it be necessary to issue a formal law by the Legislative Assembly of the State of Minas Gerais? In order to understand the legal aspects involving the construction and legality of the Resolution, the Constitution of the Republic of 1988, State Law No. 12,920/1998 and the decision of the Supreme Federal Court in direct unconstitutionality action No. 2,415/SP (which dealt with a similar situation) will be analyzed.