Obrigações em moeda estrangeira: um estudo à luz do Direito Internacional Privado e do Direito material brasileiro

Abstract

This paper seeks to analyze the legal treatment given to obligations in foreign currency from the perspective of domestic and foreign Private International Law, and specifically, according to Brazilian substantive law. To this end, the main legal aspects of currency and monetary obligations will be initially presented. The paper discusses the concept, functions, and components of the currency in the light of the specialized scholars and recalls the transformations that have occurred on the subject due to the economic and political dynamics of the last century. It also shows the main elements of the monetary obligation, seeking to define the concept of obligation in foreign currency. Next, the study analyzes the implications of Private International Law on the currency expressed in the obligation, based on comparative law and according to foreign and national scholars, discussing the law applicable to the monetary system, monetary clauses, determination of the currency of account and of the currency of payment. From the third chapter on, the work focuses exclusively on the Brazilian legal system and its effects on obligations expressed in a currency other than the national one. The legislative evolution is duly presented, finally reaching the current law in force, the Marco Legal do Câmbio. In the following chapter, the behavior of Brazilian jurisprudence regarding the matter will be analyzed, embracing the fields of Contract Law, Tort Law, Bankruptcy and Labor Law, to finally conclude on the nature of the said laws and their application by the courts according to the concepts of Brazilian Private International Law. Finally, it seeks to reflect on the paths taken by the Brazilian legal system, highlighting the qualities that deserve recognition and the defects that require correction, while pointing out the necessary directions for such development.