On March 28^th, 2020, the National Council of Justice (“CNJ”) issued the Act No. 94 in order to maintain the functioning of the services provided by the Real Estate Registry Offices during the quarantine period declared by several municipalities.

According to  said Act, the operation of the Real Estate Registry Offices is mandatory and must occur in every business days, preferably by a remote on call regime, which should last a minimum of four hours.

This service will be provided by the Electronic Services Center of the respective State or by the Federal District. Through a digital hub, the users will be able to request for real estate certificates, as well as to file documents before the competent Real Estate Registry Office.

Among other provisions, the Act No. 94 foresees that:

– The real estate registry public service must maintain its services under operation. Its functioning is mandatory. In places where immediate implementation of the remote service is not possible, and until it becomes effective, in-person assistance will be adopted exceptionally;

– It is authorized, when necessary, the use of post office services, messengers, or any other safe means for the receipt and return of physical documents intended to the practice of acts while the on call regime, with the issue of proof of receipt of documents and with the maintenance of control of the documents returned to users;

– Authorizes the Real Estate Registry Officers to receive documents in electronic form by other means that prove the authorship and integrity of the file (in the form of Art. 10, § 2, of the Provisional Measure 2,200-2 / 2001);

– Remote on call service will be promoted by directing the interested party to the using of the Shared Electronic Services Center of the respective Federation unit, for real estate certificates’ requests and for the remittance of titles for registration and acts that it covers;

– During the on call regime, attendance must be maintained for a period of not less than four hours by means of communication that are adopted for remote service, which will be announced on a poster to be fixed on the unit’s door, easily visible, and in the Internet webpage;

– The digital certificate related to an entire certificate which is requested during commercial schedule , indicating the enrollment or registration number in Book 3, will be issued and available within a maximum of two hours, except if it refers to manuscript acts, whose issuance will not be delayed for more than five days, and will be available for download by the applicant for a minimum period of 30 (thirty) days;

– While the on call regime lasts, the validity periods of the registration, qualification and practice for the registration acts will be double counted, except for the practice of (i.) certificate issuance and (ii. ) records of collateral contracts on movable and immovable property that are a condition for the release of financing granted by credit institutions, taking into account the adversarial side and the chronological order of the titles presentation.

Access here the full content of CNJ’s Act N0. 94.