Execução de duplicatas com assinatura eletrônica e digital: modernização dos títulos de crédito

Abstract

Commercial relations, whether due to their origin or nature, are closely linked to the social-economic changes of society, especially in this period when changes have literally occurred in the blink of an eye. The law and its operators need, more than ever, to adapt to the new reality experienced by society in their commercial relations, bringing valid and effective resources for the validity, efficiency and legal security, including with regard to the legal relations established through the electronic means and, consequently, use these relations to enable the adaptation of new technologies to the legal reality. Unfortunately, in Brazil, the reality of new technologies comes up against archaic legislation and state bureaucracy with its various notary functions that in no way facilitate citizens’ lives, companies and even the State itself. It is a fact that the varied sectors of social life, to a greater or lesser extent, will depend on electronic documents and also on signatures in a non-physical way, and there is no escape from this reality now presented to us and which is increasingly consolidated. The expression of will through electronic signatures, in addition to a reality, is the daily life of many businesses carried out through the internet or not, and serves as a geographical facilitator for the full realization of the business, in a way that ignoring or underutilizing it is shown as a delay and a waste of a cheap and efficient resource. We must, therefore, join efforts in order to accomplish more and more intense studies so that these resources can be used in a harmonic manner and consistent with the Law. This work is justified based on these premises and taking into account the necessary dynamics of negotiable instruments, especially the duplicate, as well as the gradual substitution of written communication for communication by electronic means, arising from globalization and technological advances.