A aplicação das normas de bloqueio, desbloqueio, cancelamento e requalificação de matrículas de imóveis rurais no estado do Pará: uma análise das decisões dos órgãos correcionais da Justiça paraense no período de 1º de março de 2021 a dezembro de 2024

Abstract

This doctoral thesis examines the application of norms concerning the blocking, administrative cancellation, and requalification of registrations and records of rural properties issued by the General Internal Affairs Office of the Judiciary of the State of Pará (CGJ-TJPA). The study aims to understand how the Judiciary, in exercising its regulatory function over extrajudicial services, has contributed to combating land grabbing and strengthening land governance in the Amazon region. The research is grounded on two central theoretical premises: the public origin of land ownership in Brazil and the regulatory role of the Judiciary over notarial and registry activities, constitutionally conceived as delegated public services. Based on these premises, real estate registration is interpreted not only as an instrument of publicity and legal certainty, but also as a mechanism of land and environmental policy aimed at enforcing the social function of property. The general objective of the research is to analyze the application of norms related to the blocking, cancellation, and requalification of rural property registrations by the Judiciary of the State of Pará, particularly by the General Internal Affairs Office and the Agrarian Courts, between March 2021 and December 2024. The study seeks to describe the interaction of these legal instruments with real estate registry law and to identify the emergence of a registry regime influenced by agrarian law. The specific objectives include: examining the legal function of the institutes of blocking, administrative cancellation, and requalification; describing their legal foundations, concepts, and procedures under the regulatory framework established by the CGJTJPA; mapping the administrative decisions published during the selected period; and comparing the interpretations adopted in Pará with national doctrine and jurisprudence. The central hypothesis of the thesis is that the normative and decisional framework produced by the Judiciary of Pará reveals the consolidation of a model of real estate registry law influenced by agrarian principles, oriented toward public purposes and aimed at preventing land grabbing, cleansing the land registry system, and strengthening land governance practices. From a methodological standpoint, the research adopts a deductive approach and employs the case study method, based on a qualitative and quantitative analysis of administrative decisions published in the Official Gazettes of the State of Pará. The temporal scope was defined in light of the regulatory update introduced by Provimento No. 04/2021, as well as the institutional unification of the capital and inland judicial internal affairs offices. Documentary research was complemented by a bibliographical review in the fields of real estate registry law, agrarian law, and administrative law. The study acknowledges as a limitation the absence of a systematized database of administrative decisions issued by the CGJ-TJPA, which required manual data collection. It also highlights the need for extended temporal analysis in future research in order to verify hypotheses regarding possible decisional trends influenced by Provimento No. 06/2023. The thesis is structured into three analytical axes: (a) the historical and theoretical development of real estate registry law and the regulation of extrajudicial services by the Judiciary; (b) the examination of the normative framework issued by the CGJ-TJPA to combat land grabbing; and (c) the empirical analysis of decisions rendered by the Agrarian Courts and the General Internal Affairs Office, identifying interpretative patterns and trends. The study concludes that the normative and administrative action of the Judiciary of Pará contributes to the formation of an Amazonian agrarian-oriented registry law, in which legal certainty and the social function of property are articulated with the protection of public assets and territorial sustainability.