As defined by law 9492/97, protest is the formal and solemn act by which default and non-compliance with an obligation originating in securities and other debt documents are proven. In practice, it consists of the act of using a third party (protest office) to collect a debt that has not been paid spontaneously by the debtor or after direct collection by the creditor.

Debts subject to protest may arise from credit instruments (checks, duplicate invoice, promissory notes, bills of exchange, bank credit notes, etc.) or even from defaulted contracts. This default generates a negative entry in the debtor’s registry, making it impossible to obtain credit and invoice for purchases on credit, among other consequences.

This cadastro ficaregistry is available for free public consultation through CENPROT (National Protest Center). Simply log in to the platform and enter the desired CPF or CNPJ, to obtain an immediate response on whether or not there is a protest regarding the individual or legal entity subject to the query, in all the notary offices in the country that are part of the system.

The notary process cycle begins when the creditor seeks out the agency, presenting a instrument that materializes the debt and requesting its collection from the debtor. Once the formal requirements of the instrument have been checked, the notary’s office notifies the debtor so that, within a period of time that is generally three days, he can arrange payment of the debt.

This notification is made by letter, which can be delivered by post or by a notary employee. Exceptionally, communication is done remotely (email or messaging app). And if the debtor is not contacted through their physical addresses or by electronic means, notification takes place through a notice published in a specific electronic newspaper.

Once notified and the debt is not paid, the protest is effective. Once the protest is effective, however, the path of canceling it becomes more complex and expensive than it would be if the debt were paid off immediately.

It is important to emphasize that payment of protested debts does not take place at the protest office, and it is necessary to make payment directly to the creditor, obtaining formal proof of payment called a letter of consent. This document, in short, is a statement made by the creditor, informing that the debt subject to protest has been paid off, which includes a series of formalities, such as the instrument number, identification of the parties, the amount of the debt, among others. It is also necessary to investigate with the notary’s office whether there are other formal requirements, such as the use of pre-formatted models or the authentication of signatures.

If the debtor is unable to locate the creditor to negotiate the settlement of the debt and obtain the letter of consent, it is possible to request the cancellation through legal action, in which the Judge will request the creation of an account to deposit the debt and will issue an official letter authorizing the cancellation of the protest.

In any case, in addition to paying the debt, it will also be necessary to pay the notary fees. And once all the requirements have been met, one must wait the necessary time for the negative entry to be removed from the system.

Participation in bidding processes and obtaining credit from the financial system are two concrete examples in which the existence of protested instruments can represent an obstacle for the company. It is therefore essential that there is constant monitoring so that the appropriate measures can be taken to settle the debt and subsequently cancel the protest as quickly as possible.

In this sense, PLBrasil Paralegal has qualified professionals and trained teams to provide all the support regarding the type of registration necessary for the constitution and operation of your company, including monitoring and resolving problems related to protests. Furthermore, it offers its clients, through its own platform, a document hub, where all corporate documents and history are concentrated and permanently available.