Duplicata escritural: os impactos da Lei nº 13.775/2018 sobre a duplicata desmaterializada

Abstract

With the advancement of information technology, the dematerialization of credit titles has become an opportunity, utility and, ultimately, a necessity. The duplicate was not immune to this phenomenon. As this is a relevant topic for the credit market, the virtual duplicate established by Law n. 13.775/2018 must be analyzed. The dissertation aims to discuss, from the perspective of legal security and credit protection, the legal regime of the duplicate, from its cartular origin to its expression in a virtual registration system and central deposit, established by Law n. 13.775/2018. In this sense, the research will be carried out to verify if with the edition of the LDE, the legislator surpassed the jurisprudential understanding signed by the Superior tribunal de Justiça in the sense of recognizing the enforceability of the virtual duplicate, represented by the bank payment slip and the respective protest instrument. Therefore, the work, analyzing the role of the Brazilian Central Bank and the National Monetary Council in the regulation of financial assets and private relations, will study the virtual duplicate regime in the light of classic exchange rate institutes, incident regulatory norms and the role of economic agents involved. In this sense, it is expected to contribute to expanding knowledge of virtual securities and, in particular, to reinforce legal security instruments and credit protection in the Brazilian market. Will be adopt as a methodology, the deductive method and bibliographical and documentary research.