A Responsabilidade civil do registrador de imóveis nos documentos assinados digitalmente

Abstract

This work is an Applied Professional Master's Dissertation in Law addressing a topic that is part of the professional life of a Property Registrar in the face of new technologies. Technological evolution becomes increasingly faster, and it is up to Law to follow it as a way of standardizing it or as a tool to serve the purposes of Law itself. Until recently, there were only physical documents, now technology has created digital documents, resulting in new ways of carrying out transactions. The Property Registrar must monitor all of this evolution, as the titles subject to registration are now sent through the electronic registration center, meaning that this professional, when qualifying the title, is aware of the validity of the digital signature and his responsibility in relation to these new documents. This master's thesis has as its theme the civil liability of the Property Registrar in digitally signed documents. Thus, the problem of this research is: what are the elements that define the civil liability of the Property Registrar in cases of titles digitally signed by private individuals? The hypothesis is raised that the presentation of digitally signed titles by individuals contains the same elements of civil liability as other titles received in physical form, but with the addition of the obligation to validate the digital signature, resulting in new precautions to guarantee the security of legal acts, under penalty of being held civilly liable. The general objective is to identify what can be done to eliminate the civil liability of the Property Registrar in digitally signed documents. The specific objectives are the following: verify the civil liability of the real estate registrar; take a theoretical approach to the different types of existing digital signatures; assess civil liability in digital signatures and present measures to mitigate the risks of civil liability. The methodology used in this research was qualitative, with the technique of national and international documentary and bibliographical research. The conclusion confirms the hypothesis, and it is up to the Property Registrar to qualify the digital titles by checking the validity of the digital signature to eliminate civil liability for their actions.