Procedimentos judiciais de cobrança aplicáveis ao cheque prescrito

• Autor(a) principal: Freitas, Fabiane Rebelo
• Data de Publicação: 2020
• 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/5547
• topic: Cheque prescrito; Ação de locupletamento; Ação monitória

OBJECTIVE: Analyze the legal procedures applicable to the collection of the prescribed check. METHOD: For this purpose, the qualitative approach method was used. As for the method, the deductive was used, since it started from the general analysis to have the individual conclusions. Regarding the depth of the study, exploratory research was adopted. Regarding data collection techniques, bibliographic and documentary research was used, especially doctrines and jurisprudential decisions. RESULTS: Based on studies carried out in the Brazilian legal system, it was found that Law 7,357 / 85 deals with checks in a detailed manner, thus, it can be said that it is a cash payment order, over a specific amount, issued against a bank, based on the provision of funds deposited by the issuer or originating from credit that it has with the financial institution. However, among the existing modalities, the check can be either bearer or registered; to order or not to order; it can also be crossed in white or black. This study analyzes the time lapse between the date of issue, the deadline for submission, and the prescription of the credit note in order to avoid default on the prescribed check. CONCLUSION: In this way, it is concluded that after the check is prescribed, that is, even though it has lost the power of enforceable title, the enforcement action is not applicable, it is still possible to propose an action for illegal misdemeanor, causal or monitory action, being that the option to use one of the three actions is the essential requirement explained, and depends on the conditions defined in the Civil Code or through decisions of the Superior Court of Justice.