A constitucionalidade da cédula de crédito bancário e suas implicações jurídicas

Abstract

In this work the way it was inserted to bank credit in the Brazilian legal system and its legal implications is presented. It analyzes whether this debt claim meets all the principles (cartulary, literalness and autonomy) and attributes (liquidity, certainty and enforceability) enshrined the doctrine , as if it reflects the wishes of the financial market , as regards whether or not a extrajudicial execution , no more is necessary that banks go through the arduous process of slow and knowledge to recover their defaulted loans. Going further, it is noted that the law that created it, contrary to what some think, is constitutional formally and materially. Regarding formal constitutionality, we show that the law 10.941/04 reached the end pursued by the legislator himself, at first glance, to be riddled with unconstitutional. As for the substantive constitutionality, it is observed that the bank credit sculptured meets all the principles in the Constitution.