Títulos de crédito: análise da desmaterialização na prática cambiária

Abstract

The present monographic work is intended to study the dematerialization of credit securities, its procedural aspects and aims to develop hypotheses of practical application of the institute for advocacy within the courts and in the open market. An analysis of the phenomenon of flexibilization of the cartularity as a natural tendency to reach the commercial necessities against the technological advances is carried out, proceeding with a study on the impacts of this fiction on the other essential characteristics of the Credit Titles. It analyzes the main exchange acts, their elements and the ways in which technological development has impacted development in trade relations. Bringing updated data extracted from the National Financial System, regarding financial institutions and their innovative processes. In view of this, to present practical solutions for solving practical problems, of which the current Legislation is silent, and the Judiciary and Doctrine on the subject are archaic. Where, the concepts extracted from the Civil Code of 2002, only speaks of the possibility of issuing by electronic means and the Code of Civil Procedure of 2015 that uses principles that go against technology development, without establishing its means of Circulation and execution. Finally, it seeks to exemplify practical hypotheses for the application of Credit Securities in the Electronic form, applying analogously the rules of other already functional systems within the capital market, in order to obtain the regularization of problems present in the Brazilian commercial relations, promoting the recognition of electronic credit securities as an economic development mechanism.