Direito Empresarial - Aula #82- Protesto

Summary

The transcript provides an in-depth overview of the protest process (protesto), focusing on its two primary functions: publicizing and coercing debtors to settle their debts. It covers the procedural steps of filing a protest at a registry office, including title verification, debtor notification, and eventual recording of the protest. It also discusses the different types of protests, such as for non-payment or for bankruptcy purposes, and highlights the legal effects, such as interruption of debt prescription. The video further touches on the role of electronic services and the negotiation of debts through registry offices.

Takeaways

• 😀 A protest is a public declaration of a debt, made in a notary office, informing others of a payment default.
• 😀 The first function of a protest is publicity, making the default known to everyone. The second function is coercion, pressuring the debtor to pay due to public awareness of their default.
• 😀 The procedure for protest involves the creditor submitting a title to a protest notary, which is then analyzed for validity and debt confirmation.
• 😀 If the debtor cannot be found, notification is made through physical or electronic means, and after 35 days, the protest is registered.
• 😀 Once registered, the protest is made public, and anyone can access information about it for up to 5 years. The records are maintained for at least 10 years.
• 😀 Protests can be canceled when the debt is paid or resolved, with the creditor issuing a declaration of agreement for the cancellation.
• 😀 There are costs associated with both initiating and canceling a protest, and the notary is liable for any damages caused by incorrect protests.
• 😀 Protests can be filed for failure to pay, failure to accept, failure to return a document, or for bankruptcy purposes under special protest laws.
• 😀 A judicial order can suspend a protest if it is proven that the debt does not exist or there was a mistake in the protest process.
• 😀 Protests can be part of debt negotiation, with the creditor hiring a notary to assist in resolving the debt, but this negotiation must be completed within 30 days.

Q & A

What is a protest in the context of financial documents?

A protest is a public declaration of a debt's non-payment, made at a notary office. It serves two main functions: informing the public about the default and pressuring the debtor to pay.

What are the two main functions of a protest?

The two main functions of a protest are to give publicity to the default, making it publicly known, and to coerce the debtor into paying by making the default public knowledge.

How does a protest proceed after a creditor submits a debt title?

The creditor submits the debt title to a protest registry office. The title is then formally analyzed, and if valid, the debtor is notified. If the debtor doesn't respond within a set period, the protest is recorded.

How long are the protest records maintained at a notary office?

The protest records must be maintained for at least 10 years. They can be accessed by anyone to check for a person's protest history, typically covering up to the last 5 years.

Can a protest be canceled, and how?

Yes, a protest can be canceled if the debt is settled. Payment can be made directly at the notary office or through the creditor, who will issue a statement that allows the protest to be canceled.

What is the role of the official at the notary office in the protest process?

The official at the notary office is responsible for analyzing the title, ensuring its validity. They are personally accountable for any damage caused by an improper protest, but the creditor is responsible if the protest was due to their actions.

What are the four types of protest mentioned in the script?

The four types of protest are: for non-payment, for lack of acceptance, for non-return, and for bankruptcy purposes.

What is 'protest by indication'?

Protest by indication occurs when the creditor submits the title details to the notary office without presenting the physical document, as opposed to bringing in the actual document for protest.

What happens if a debt is protested after its prescription period has expired?

A debt cannot be protested after its prescription period has expired. If done, it can result in moral damage. However, it is not the official's responsibility to check if the debt is prescribed; it is the creditor's responsibility.

How does a protest affect the statute of limitations on a debt?

A protest interrupts the statute of limitations. If a debt would expire in three years, but is protested after two years, the statute of limitations restarts, giving the creditor an additional three years.