Cheque sem fundo na jurisprudência do TJPB: uma análise acerca das responsabilidades penal e civil

Abstract

To make credit operations easier and faster, credit titles were developed, which allow monetary circulation in a simple and practical way. Despite the new forms of payment in the post-modern technological era, the main credit titles maintain their relevance in the commercial context, being vulnerable to fraudulent practices, with emphasis on the issue of issuing checks without funds provision, a topic of significant interaction with Criminal Law and civil liability. From this, the following question arises: How do issues related to criminal and civil responsabilities for checks without funds provision in the jurisprudence of Court of Justice of Paraiba (TJPB)? Thus, the article proposes to examine the TJPB jurisprudence relating to the occurrence of bad checks, with the aim of analyzing the understanding adopted by the state court about the criminal and civil effects, when issuing bad checks. To this end, bibliographical and documentary research was used, with a quantitative-qualitative approach. The search in TJPB jurisprudence generated a database with 25 collegiate decisions, encompassing the years 2014 to 2019. The main conclusion of the research indicates that the TJPB finds it difficult to fit illicit conduct into the requirements set out in the normative typification regarding embezzlement. In contrast, there is a greater presence of civil liability, especially with regard to compensation for moral damages