Lei do cheque versus súmula 370 do Superior Tribunal de Justiça

• Autor(a) principal: Corrêa, Wendel Israel Cardoso
• Data de Publicação: 2010
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5735
• topic: Cheque; Súmula 370 do STJ; Lei n. 7357/85

This academic work has discussed the constitutionality of the Supreme Court Precedent 370 provides that the duty to indemnify when presented the check in advance, even though the check a negotiable instrument in sight as the Law n. 7.357/85 (Law of the check). Its relevance to the discussion among scholars about the acceptance or not this summary which is a credit instrument widely used in Brazil and which had its nature changed by custom. In compiling the report was used by the deductive method from the general premise that it is unconstitutional everything that goes against the Constitution, and by providing indemnity against anyone who presents the check before the date fixed-rate, even when the law defines the check and order payment in cash, or to punish without legal provision, it is concluded that the scoresheet is unconstitutional. As the level of research it is exploratory, that was considered the level of the type of research to try and demonstrate the unconstitutionality of the problem through the exploitation of doctrines and laws. As for the procedure is the bibliography, although it works with law develops mainly through books and articles. The work is divided into three chapters, through which it seeks to demonstrate whether it be just or not that the STJ's Digest 370 is unconstitutional.