NÓBREGA, B. O.; http://lattes.cnpq.br/8417811001829314; NÒBREGA, Bervelly Oliveira e.
Resumo:
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.