LEI No. 10,169, DE December 29, 2000

Regula o § 2º of Art. 236 of the Federal Constitution, upon the establishment of general standards for the fixing of emoluments relating to acts practised by the notarial and registration services.

THE PRESIDENT OF THE REPUBLIC, I make it known that the NATIONAL CONGRESS decrees and I sanction the following Law:

Art. 1º The States and the Federal District shall fix the value of emoluments relating to the acts practiced by the respective notarial and registration services, observed the norms of this Act.

Single Paragraph. The value set for the emoluments should correspond to the cost effective and adequate and sufficient remuneration of the services rendered.

Art. 2º For the fixing of the value of the emoluments, the Act of States and the Federal District will take into account the nature public and the social character of notarial and registration services, serviced still the following rules.

I-the values of the emoluments will contain tables and will be expressed in the current currency of the Country ;

II-the acts common to the various types of notarial and registration services will be remunerated by specific emoluments, fixed for each species of act ;

III-the specific acts of each service will be classified into:

a) acts pertaining to legal situations, without financial content, whose emoluments will meet the peculiarities socio-economic of each region ;

(b) acts relating to legal situations, without financial content, whose emoluments will be fixed upon observance of strips that establish minimum and maximum values, in which the constant value of the paper presented to the notarial and registration services shall be framed.

Single Paragraph. In cases where, by virtue of law, values arising from judicial or fiscal assessment should be used, these shall be the values considered for the purposes of the provisions of paragraph b of the inciso III of this article.

Art. 3º It is vetoed:

I-(VETADO)

II-fix emoluments in percent incident on the value of the legal business object of the notarial and the register ;

III-charge of interested parties any other amounts not expressly provided for in the emoluments tables ;

IV-charge emoluments as a result of the practice of rectification act or has had to be remade or renewed on account of error attributable to the respective notarial and registration services ;

V-(VETADO)

Art. 4º The emoluments tables will be published in the official bodies of the respective units of the Federation, it is up to the competent authorities to determine the monitoring of their compliance and their mandatory fixation in place visible on each notarial and registration service.

Art. 5º Table is the case, the value of the emoluments may suffer readjustment, by publishing the respective tables, up to the last day of the year, observed the principle of earlier.

Art. 6º Notaries and registrars will give receipt of the perceived emoluments, without prejudice to the definitive indication and mandatory of the respective values at the margin of the document delivered to the person concerned in accordance with the table in force at the time of the practice of the act.

Art. 7º The disfulfillment, by notaries and registrars, of the provisions of this Act shall subject them to penalties provided for in Law No. 8,935 of November 18, 1994, without prejudice to the application of other legal penalties.

Art. 8º The States and the Federal District, within the framework of their competence, respected the deadline set out in Art. 9º of this Act, will establish form of compensation to the civilian registrars of natural persons for the acts free of charge, by them practiced, as set out in federal law.

Single Paragraph. The willing in caput cannot generate burden for Public Power.

Art. 9º The States and the Federal District should proceed to review the emoluments tables currently in force, in order to adapt them to the provisions of this Act, within ninety days counted from the date of their duration.

Single Paragraph. Until the publication of the new emoluments tables, reviewed and adapted as laid down in this article, the acts practiced by the notarial and registration services will continue to be remunerated in the form of the legislation in force in the States and the District Federal, observed, since soon, the sealings established in Art. 3º of this Act.

Art. 10. This Act shall enter into force on the date of its publication.

Brasilia, December 29, 2000 ; 179º of Independence and 112º of the Republic

FERNANDO HENRIQUE CARDOSO

Jose Gregori

Amaury Guilherme Bier

Benjamin Benzaquen Sicsú