The present research is based on the analysis of the administrative proceedings brought
before the Court of Justice of the State of Tocantins for holding public contests to fill
vacancies in notary and registry public offices in the State of Tocantins. The requirement
is based on the text of art. 236 of the Federal Constitution of 1988, which established the
notary and public registry services, which must be exercised by private individuals, by
delegation from the State. The constitutional provision was regulated by Law No.
8935/94, whose article 16 provides for a mandatory public contest of tests and titles to
fill the extrajudicial offices in all states. The law determines that the vacancy shouldnot
last longer than six months. The case study methodology was used for the investigation
and critical analysis of the administrative processes, culminating inthe elaboration of a
technical guide, presented in the discussion of results section. The first section presents a
conceptual review of the public services provided by the Public Administration, the
principles and rules of a mandatory nature, demonstrating the duty to hold public contests
for extra-judicial public services. The second section presents the main characteristics of
notary and registry public services, specifically presenting an overview of the situation of
vacancies in the state of Tocantins. The third and last section analyzes the processes in
progress in the State of Tocantins for the holding of public contests, with a time frame of
06 (six) years - starting in 2014 - presenting as a product a technical orientation to remedy
the irregularities raised.
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