Ação monitória: análise jurídico-processual da súmula 503 superior tribunal de justiça.

Abstract

The monitoring action is a procedure accomplished when there‘s written proof and non-executive titles, since these are indispensable requirements, as it occurs with the loss of the cambial actions‘ statue of limitation. Thus, once there‘s no way to propose an executive action regarding to the title, it will become possible through monitoring action. The check, usually an executive title, as an object of the monitoring action will be nothing more than a way of proof to the author‘s allegation. The limitation period is the loss of the action due to its non-use in a certain specific amount of time. The statue-barred check, is the one that no longer can be object of an executive action once the credit provider kept himself in an inert position in the legal proceeding. Back to the monitoring action, it‘s possible to analyze that the jurisprudential and doctrinarian controversies that existed regarding the statue of limitation that can be attributed to it, considering that the STJ‘s Precedent 503 has consolidated the theme giving it the applicability of the article 206, § 5º, I of the Civil Code, through which it would be included the statue-barred check in the definition of the public instrument or the particular that represents a net debt. Although the institute of the monitoring action has entered the Brazilian legal system many years ago, until before the edition of the referred Precedent was discussed in the doctrinal which would be the statue of limitation to start a legal monitoring action based on the statue-barred check. The discussion was about the periods, if it was supposed to be in triennial, quinquennial or decennial. However, the majoritarian positioning was always favorable to the 5 (five) years period, which gave birth to the reported Precedent, that is the object of this study. So, with the pacified and precedented understanding, those who have a check and didn‘t use the right to execute the title, will have the certainty of the period that exists to recover the credit by legal action, resigning to incur in doubts or even in antagonistic decisions, and this way an interpretation of these rules will have great juridical relevance. With this attitude, the Superior Court of Law put into practice its task of unifying the jurisprudence and provides relevant social and juridical service, eliminating an issue of high practical interest that has always created the multiplication of resources with different results. It‘s a known fact that the jurisprudence is a renewing source of the Law and that is why its uniformization is very important, considering the juridical security of all those who direct themselves to it. This principle aims to establish a certain stability to the relations of the particular to the State, and between the particulars themselves. Therefore, the juridical security finds its reason of being for the justice to be achieved, and this way be reached the purposes of the Law and why not saying the own foundations and goals of the Brazilian State. Keywords: Check.