LABOR SUCCESSION IN NOTARIAL AND REGISTRY ACTIVITIES
Authors/Creators
- 1. Universidade Cesumar (UniCesumar)
- 2. Universidade Estadual de Mato Grosso do Sul (UEMS)
Description
This study examines labor succession in notarial and registry services, assessing how the constitutional delegation regime affects the transfer of labor obligations in changes of titularity arising from public examinations, vacancies, or state intervention. The research question is whether such changes fall within the scope of Articles 10 and 448 of the CLT. The objective is to define the normative and institutional limits of successor liability in this context, evaluate the compatibility between the delegation framework and labor-succession requirements, and identify normative alternatives capable of reducing existing legal uncertainty. The study employs the deductive method, with an exploratory, descriptive, and comparative legal approach. Procedures include the collection of primary sources (Constitution, legislation, administrative acts) and secondary sources (scholarship and case law), analyzed through a juridical-hermeneutic method. The results indicate: (I) absence of an autonomous economic unit in these services; (II) fragmented jurisprudence on successor liability; and (III) structural divergence between the Brazilian model and foreign systems that allow automatic succession. The study concludes that the personal nature of the delegation regime prevents the direct application of traditional labor-succession rules and suggests normative adjustments, including the creation of a severance fund to enhance stability and protection in labor relations.
Files
R6E2.pdf
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