Resumo

BARBA ALVAREZ, Rogelio. NOTARIAL INVASION AND ITS PENAL JUSTIFICATION AS A MECHANISM OF NOTARIAL PROTECTION: STUDY OF LOCAL LEGISLATION IN JALISCO, MEXICO. Prolegómenos [online]. 2014, vol.17, n.34, pp.42-52. ISSN 0121-182X.  https://doi.org/10.18359/dere.794.

Public trust in Mexico is put in the notary's function; Jalisco, like the other states in the country, has a local legislation to regulate notarial activity, it means, there exist 32 laws. The point is that, as a special regulation, none of them considers a solution to the notarial invasion from one state to another one. Solving the problem with the penal threat might be excessive; however, the objective of this study is to demonstrate its viability. It is proposed to design an autonomous penal type which can stop notarial invasion because this causes, as a multi offensive crime, different damages to legal assets, the first of which is the credibility of public trust. The creation of the penal type called notarial invasion is supported by the theory of the personalistic principle, to set up an offense that is necessary in a society that evolves with respect to the democratic notarial law.

Palavras-chave : Penal law; notarial invasion; legal assets; personalistic principle.

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