In legal and notarial contexts, particularly within jurisdictions influenced by civil law traditions such as Portugal and Brazil, the concept ofEscritura de Justificação Notarialplays a significant role. This legal instrument allows individuals to formally establish facts or rights in the presence of a notary, especially in cases where traditional documentary evidence is unavailable or incomplete. Understanding what a notarial justification deed is, how it operates, and when it is used is essential for anyone dealing with property transfers, inheritance issues, or matters involving the regularization of legal status in civil law systems.
Definition and Purpose of Escritura de Justificação Notarial
The termEscritura de Justificação Notarialcan be translated as ‘Notarial Justification Deed.’ It is a formal written statement drawn up by a notary that serves to establish certain facts or legal situations based on testimony or circumstantial evidence. Unlike other types of public deeds, this document does not necessarily involve a contract between parties. Instead, it functions as a declaration, often made unilaterally, with the goal of legalizing or regularizing a situation before public authorities or registries.
Key Objectives
Some of the most common objectives of a notarial justification deed include:
- Proving continuous possession of property for adverse possession claims (usucapion)
- Establishing the existence of a de facto marital union
- Confirming the use and ownership of certain rights without formal documentation
- Providing missing facts or context necessary for public registration or administration
Legal Context and Framework
The Escritura de Justificação Notarial is governed by civil codes and notarial laws in countries like Portugal, Brazil, and other Portuguese-speaking nations. The notary plays a crucial role, acting as a public official responsible for verifying the identities of those involved, ensuring the legality of the statements made, and confirming the formality of the procedure.
Applicable Jurisdictions
This legal instrument is widely used in:
- Portugal, under the Portuguese Civil Code and Notarial Law
- Brazil, within the framework of the Brazilian Civil Code and Law of Public Records
- Other Lusophone countries with a civil law tradition
When Is Escritura de Justificação Notarial Used?
There are specific situations where this notarial deed becomes especially important. These typically involve the absence of formal documentation but the presence of longstanding use or custom. The deed allows individuals to legally assert their rights, often using witnesses and other informal evidence as proof.
Common Use Cases
- Usucapion (Adverse Possession): When someone has possessed a property openly, peacefully, and continuously for a legal period without formal title, this deed can support their claim.
- Union Facts: In the absence of marriage certificates, it can help establish a stable, conjugal union for legal benefits or inheritance rights.
- Lost or Destroyed Documents: When original ownership documents are lost due to fire, flood, or misplacement, individuals can use this declaration to re-establish ownership or rights.
- Regularization of Incomplete Registries: It is used to supplement incomplete property registrations or civil documentation.
Structure and Content
The Escritura de Justificação Notarial is carefully structured to include all the legal elements necessary for it to be accepted by public authorities. The notary will include essential information that affirms the legitimacy of the justifying party’s claim or situation.
Main Components
- Identification of the Declarant: The full name, address, and identification details of the individual making the justification.
- Statement of Facts: A detailed narration of the facts being justified, including timelines, circumstances, and any relevant actions taken by the declarant.
- Witness Testimony: Names and statements of two or more witnesses who can confirm the facts declared.
- Legal Basis: Citations from relevant laws or codes that allow the deed to serve its intended function.
- Notarial Attestation: The official statement by the notary public certifying the document’s validity and legal effect.
Legal Weight and Limitations
Although the Escritura de Justificação Notarial is not equivalent to a judicial ruling, it holds considerable evidentiary value, especially in administrative or extrajudicial proceedings. Registries, public offices, and other institutions often accept it as a substitute for unavailable documents, provided it meets all legal requirements.
Limitations to Consider
- It may be subject to judicial challenge if contested by a third party
- Some authorities might still require complementary documentation or court confirmation
- It cannot be used to justify illegal or criminal acts
How to Request a Notarial Justification Deed
To initiate the process, the interested party must visit a licensed notary’s office with all available evidence and supporting witnesses. The notary will guide the declarant through the necessary steps, which typically include drafting the deed, scheduling the hearing of witnesses, and reviewing applicable legal provisions.
Steps in the Process
- Present a formal request to the notary
- Provide identification and supporting documents
- Schedule and present witnesses for testimony
- Have the notary draft and sign the final document
- Register the deed with the appropriate public office if necessary
Benefits of Using Escritura de Justificação Notarial
There are several advantages to choosing this legal instrument over more time-consuming or expensive judicial processes. For many, it provides a more accessible and cost-effective way to validate rights or facts that are not otherwise documented.
Advantages Include:
- Faster than court proceedings
- Lower cost compared to litigation
- Legally recognized by public registries and administrative bodies
- Supports the regularization of long-standing factual situations
TheEscritura de Justificação Notarialis a vital instrument in the civil law system, enabling individuals to assert rights or declare facts when documentary evidence is missing or unavailable. While it cannot replace all types of legal proof, it serves a critical role in property regularization, proving possession, and establishing facts recognized by public institutions. Understanding how and when to use this notarial deed is essential for anyone navigating legal or administrative challenges in civil law jurisdictions. Whether it’s to claim ownership of a property through usucapion or to formalize a civil union, this legal tool provides an efficient path to legal certainty.