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Registry Officials Accumulate High Incomes Through Lifetime Delegations, According to a Survey by the Newspaper Estadão, in a Model That Combines Stability, Autonomy, and Oversight by the CNJ and the Supreme Federal Court.
Registry officials perform a public service by delegation, with an appointment obtained through a public competition, and hold the position for life.
The loss of the delegation occurs only in cases of death, resignation, disability preventing exercise, or administrative and judicial decision due to serious misconduct.
These professionals are not public servants and are not subject to the salary cap for public employees, as remuneration is linked to the collection of fees — amounts paid by users for notary and registry services.
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How to Obtain Ownership and Why It is Lifetime
The Federal Constitution of 1988 and Law No. 8,935/1994 established that the delegation of notarial and registry activities depends on public competition based on examinations and titles.
According to a report published by the newspaper Estadão, this structure allows the holders to exercise the function indefinitely, as long as they comply with legal and disciplinary obligations.
The Supreme Federal Court confirmed the understanding that only those approved in exams may occupy the position of holder, validating the National Justice Council (CNJ) rules that declared a vacancy for positions held without a competition.
The STF also decided that mandatory retirement, applied to public officials and magistrates, does not extend to registry officials, reinforcing the lifetime nature of the role as long as no irregularities occur in its exercise.
“Inheritance” and Political Appointments: What the Law Allows Today
The hereditary registry model was abolished with the 1988 Constitution.
Still, during the 1990s and early 2000s, several officials were appointed without a public competition, a practice that began to be questioned by the CNJ based on Resolution 80/2009, responsible for declaring the vacancy of offices held irregularly.
According to an investigation by the newspaper Estadão, there are still registries under the control of officials appointed before the mandatory competition, which shows that part of the regularization process is still ongoing.
In some states, corrections and administrative processes have been used to replace non-competitive appointees with candidates approved in competitions.
The current legislation does not allow for the automatic transmission of the position to relatives or political appointments for these functions.
How the Remuneration of Holders Works
Holders do not receive a fixed salary from the State.
Income comes from the collection of fees, amounts determined by state law and supervised by the supervisory bodies.
From this collection, operational expenses, labor charges, taxes, and maintenance costs are deducted.
Experts explain that the profitability of a registry directly depends on the volume of services provided.
While registries in capitals and large cities record high activity and revenue, offices located in less populated areas may operate with smaller or even deficit margins, depending on state compensatory funds.
Hiring and Nepotism
The internal administration is the responsibility of the holder, who may hire clerks and assistants based on the Consolidation of Labor Laws (CLT).
The National Justice Inspectorate, through Provision 77/2018, prohibited the designation of relatives of the former appointee or magistrates as interim officials of vacant offices.
Furthermore, decisions from the CNJ have recognized cases of nepotism in registries run by intermediaries and interveners.
The newspaper Estadão highlighted that, although the law prevents direct inheritance, relatives can benefit from positions of trust, a practice that is monitored by state inspectorates and may generate administrative sanctions when irregularities are found.
Oversight and Regularization by the CNJ and STF
The oversight by the National Justice Council and STF decisions have reduced the presence of non-competitive holders.
The CNJ determines the vacancy of registries held irregularly and monitors the performance of state public competitions.
According to Estadão, the CNJ has intensified inspections and requested reports from courts on the progress of competitions, especially in states with the highest number of vacant offices.
The Supreme Court, in turn, reaffirmed that notarial and registry delegation has a private nature but is of public interest, subject to disciplinary and tax oversight.
Projects and Discussions on Changes to the Model
In the National Congress, draft laws propose changes to the registry system, such as greater transparency in revenues, standardization of procedures, and possible salary caps.
Industry analysts assert that these proposals aim to reduce inequalities among registries in different regions.
So far, there is no legislation imposing mandatory retirement on holders or unifying fee tables across the country.
Experts note that such changes would require constitutional amendments and extensive negotiation among the states.
Indirect Benefits and Family Structure
Although ownership cannot be transferred, the family environment of the holder may benefit from the structure of the registry.
The law allows for the hiring of trusted individuals, as long as the principles of impersonality and public morality are respected.
State inspectorates, however, have been reinforcing control over possible conflicts of interest.
According to the newspaper Estadão, there are still cases where relatives occupy administrative positions, even without a tie of ownership, which maintains a certain degree of income concentration within the system.
Revenue, Costs, and Transparency in the Registry System
Revenue data varies between states and types of offices.
Part of the revenue obtained by registries is allocated to compensation funds and public programs, according to state regulations.
The CNJ has been increasing transparency regarding these financial movements, providing reports and open data for public consultation.
According to experts, these measures enhance oversight and help identify any imbalances within the system, especially between profitable and deficit offices.
What Remains Unchanged in the Registry System
Four principles remain in force: the requirement for a public competition for the position; the private nature of the delegation; lifetime tenure conditioned on compliance with legal rules; and remuneration by fees, supervised by the relevant authorities.
States and the Union are discussing possible adjustments, but still without consensus on salary limits, standardization of tables, and age limits for exercising the function.
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