A possibilidade de positivação do cheque pós-datado no ordenamento jurídico brasileiro

Abstract

Throughout the development of consumption relations, the check has become one of the most widely used credit securities. Despite being an order of payment and a substitute for cash, it is undeniable that much of society makes use of the ―post-dated‖ check. The absence of such late-payment method in the legal system in addition to its customary use presents a recurring problem: the use of the post-dated check before the agreed payment date. Therefore, this study analyses the possibility of the positivization of the post-dated check according to the viewpoint of the theory of dejudicialization demands and to the Pacta Sunt Servanda principle. The following research might culminate in a legislative change.