APLICAÇÃO DAS SÚMULAS 387 DO STF E 504 DO STJ: O DEBATE SOBRE A BOA E MÁ-FÉ DO PORTADOR DA NOTA PROMISSÓRIA VENCIDA

Abstract

The study analyzed the application of Summary Rulings 387 of the Federal Supreme Court (STF) and 504 of the Superior Court of Justice (STJ) in the context of expired promissory notes, with an emphasis on the discussion of the good faith and bad faith of the holder of the title. The problem regarding the theme proposed in this scientific study lies in the interpretation of the judgments, the civil and procedural doctrine, and the application of the summaries of the Superior Courts that deal with the effect of the prescription of the title and the importance of the good faith of the holder in protecting the rights of the parties involved. The inductive method will deal with a research through the literature review method, where the following will be used as selection criteria for articles and doctrines to be published between the time period up to 2024, with such bibliographic references being available online free of charge, and physically, and with themes appropriate to the theme proposed in this scientific study. This undertaking, with analysis of the bibliographic research, was responsible for the construction of the scientific article, based on legislation, doctrine and jurisprudence. In addition, the consultations made on the subject with the judgments and understandings of the Superior Courts showed how they have treated the rights and duties of creditors in the execution of expired promissory notes.