Acórdão nº0001316-72.2014.8.17.0660 de 5ª Câmara Cível, 10-05-2023
| Data de Julgamento | 10 Maio 2023 |
| Assunto | Cheque |
| Classe processual | Apelação Cível |
| Número do processo | 0001316-72.2014.8.17.0660 |
| Órgão | 5ª Câmara Cível |
| Tipo de documento | Acórdão |
EMENTA: PROCESSUAL CIVIL - APELAÇÃO CÍVEL - AÇÃO MONITÓRIA - CHEQUE PRESCRITO - PROVA ESCRITA IDÔNEA À DEMONSTRAÇÃO DO CRÉDITO - DOCUMENTO HÁBIL - SÚMULA 299/STJ - DEMONSTRAÇÃO DA CAUSA DEBENDI - DESNECESSIDADE - EMBARGOS À MONITÓRIA - CAUSA SUBJACENTE NÃO CASSADA PELA PARTE RÉ - CONSTITUIÇÃO DO TÍTULO EXECUTIVO JUDICIAL - SENTENÇA MANTIDA - RECURSO QUE SE NEGA PROVIMENTO À UNANIMIDADE. 1. Súmula n. 299/STJ: "É admissível a ação monitória fundada em cheque prescrito.
" 2. A jurisprudência do STJ é assente em admitir como prova hábil à comprovação do crédito vindicado em ação monitória, cheque emitido pelo Réu/Devedor, cuja prescrição tornou-se impeditiva da sua cobrança pela via executiva. 3. Assim, se a parte Autora apresenta prova escrita hábil à demonstração do crédito reclamado, consubstanciada em 03 (três) cheques referentes a operação de compra e venda de imóvel, cuja regularidade não foi invalidada pelo devedor que emitiu as cártulas, deve ser constituído o título executivo judicial. 4. Sentença mantida.
Recurso que se nega provimento à unanimidade.
ACÓRDÃO Vistos, relatados, discutidos e votados os autos em epígrafe, Acórdam os Desembargadores integrante da Quinta Câmara Cível do Tribunal de Justiça do Estado de Pernambuco, à unanimidade de...
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