Social right to property and constitutional efficacy: extrajudicial settlement and the role of notarial services in access to justice

The article studied the extrajudicial seizure of urban and rural properties and the role of Extrajudicial Services in access to justice. Using a qualitative documentary and bibliographic methodology, combining historical and legal-normative research techniques, the following results were reached: extrajudicial real estate foreclosure is an effort by the legislator to give effect to the social right to property and fulfill its social function . The institute of extrajudicial enforcement is part of the paradigm of the access to justice approach, formulated by Mauro Cappelletti and Bryam Garth, and represents an important step towards the implementation of programmatic constitutional norms – which require actions from the State –, enabling full effectiveness of the law fundamental social aspect to property and housing. Ultimately, therefore, it constitutes an innovative way of accessing justice and rights that serve to fulfill the constitutional assumption of the social function of property.