A (in) validade de contratos eletrônicos como título executivo extrajudicial: a certificação digital e a relativização do princípio da taxatividade dos títulos executivos

Abstract

The present work aims to study the (in)validity of the electronic contract as a extrajudicial executive title, approaching the digital certification and the relativization of the principle of specificity for the analysis of the theme. The discussion covered by this study gave rise to its division into three stages. In the first of them, an attempt was made to explain about the civil execution focused on legal transactions celebrated in the virtual environment, approaching the characteristics and particularities of electronic commerce and its consequences in the legal sphere. In a second moment, the objective was to explain about cryptography and its legal implication in electronic contracts, explaining about digital certification and drawing a panorama to differentiate electronic and digital signature and how they could confer authenticity and probative value to electronic documents. Finally, in the third chapter, the relativization of the rule of taxation applied to extrajudicial executive titles was explained, addressing the possibility of enforcement action and collection action to execute them, as well as bringing a jurisprudential apparatus on the subject. To achieve these ends, the exploratory methodology and data collection through the bibliographic method were used, approaching the Brazilian legal system, doctrines, articles and jurisprudence.