On April 25, the National Justice Oversight Office of the National Justice Council (CNJ)¹ issued Rule 190, which introduced significant changes to the National Code of Rules for Non-Judicial Services², particularly regarding the treatment of real estate asset freezing orders. These changes aim to enhance legal certainty and improve the operation of public registries when dealing with asset freezing orders, a sensitive and recurring issue in both judicial proceedings and notarial practice.

The highlight of Rule 190 is the new wording of Article 320-I, §3º of the National Code of Rules for Non-Judicial Services, which now explicitly states that a subsequent asset freezing order does not prevent the registration of a previously filed title³, unless there is a specific judicial decision saying otherwise.

This means that if a title has been filed at the real estate registry office before an asset freezing order is communicated, the registrar should proceed with the registration normally unless there is a specific judicial order prohibiting it.

The rule also establishes that after completing the registration of the filed title, the registrar must notify the responsible judge about the action taken. This communication is essential to ensure transparency and judicial oversight of the performed acts, allowing the judge to take any additional measures deemed necessary in light of the specific situation.

The provision introduced by Rule 190 strengthens the legal certainty of real estate transactions in Brazil by ensuring that rights already formalized through filing are not affected by subsequent asset freezing orders. This provides greater predictability for users of non-judicial services and legal professionals, avoiding uncertainty regarding the validity and effectiveness of registrations made under such circumstances.

With the new wording, the CNJ seeks to standardize procedures across all real estate registry offices in Brazil, reducing interpretative and operational divergences.

This measure also contributes to the speed and efficiency of non-judicial services while preserving the possibility of judicial intervention in exceptional cases, whenever there is a risk of significant damage or a need to protect public or third-party interests.

¹ CNJ (Conselho Nacional de Justiça) is Brazil’s National Justice Council, the main oversight body of the Brazilian judiciary system.

² “Foro Extrajudicial” refers to non-judicial services in Brazil, including notary offices and real estate registries.

³ In Brazilian real estate law, “prenotação” (filing) refers to the preliminary registration of a title that guarantees priority rights.