Temporary regulation of check´s protest: right to be forgotten and other dialogues with REsp 1,423.464/SC

Abstract

The purpose of this paper is to investigate whether there is a maximum term for protests the issuer of postdated checks. Based on the decision issued by the Superior Court of Justice in REsp 1,423.464/SC, the systematization of the deadlines for the presentation of checks is developed. Next, it is argued in favor of overcoming the executive term as a limit to the accomplishment of that act. Finally, the validity or legal relevance of a temporary regulation of the protest after the expiry of the periods of limitation of ordinary proceedings for their forced payment is debated. For this, a dialogue is made with the current jurisprudence, with the consumer right and with the foundations of the right to be forgotten.