When the subject is export or importing goods, it is necessary to consider monetary issues, since the countries involved, as a rule, do not use the same currencies. In Brazil, for example, the currency adopted does not extend its usefulness beyond its borders.

therefore, so that an international hiring between a Brazilian company and a foreigner may occur, the figure of the exchange agreement, which is nothing more than the formalization of purchasing or selling operations of foreign currency with the use of authorized agents [1].

To receive authorization to close the exchange operations [2], these authorized agents (which are other than banks) must have accounts in the main convertible currencies in corresponding institutions abroad.

In some cases, even, it is possible that the banking institution anticipate part or until the price of the purchased currencies prior to the payment of the export value by the importer abroad. However, in the hypothesis of importer by the importer, the exporting customer shall have the obligation to restore to the Bank all its credit [3].

Thus, in the case of the exporter, it does not carry out within the time limit to deliver to the Bank to the Bank the foreign currency or equivalent, the financial institution can promote the collection by the executive route (as art. 784, XII of the new process code Civil, combined with art. 75 of Law 4,728 / 65) [4]. However, it is noteworthy that the latter article establishes the need for the protest registration for the exchange agreement to form an instrument to base the executive action. On the other hand, in those situations in which, together with the exchange agreement, there is a promissory note seal, the execution becomes simpler. This is because the promissory note, by itself, is an extrajudicial executive title, as the art preaches. 784, I of the new Code of Civil Procedure.

In other words, when the exchange agreement is accompanied by a promissory note, it becomes unnecessary to protest action on the pact concerned, when the prerequisite is overturned in art. 75 of Law 4,728 / 65. Therefore, the proposed extrajudicial title implementation action proposed based on the exchange agreement and its promissory note is sufficiently based.

[1] Segalis, Gabriel. From France, Ronaldo. Atsumi, Shirley Yurica Kanamori. Fundamentals of export and import in Brazil. 1st Ed. Rio de Janeiro: Editora FGV, 2012, p. 268.
[2] Atsumi, Shirley Yurica Kanamori. Bertolla. Alexsandra Oliveira. Iamin, Gustavo Paiva. Lima, Marcelo Ferreira. Management of exchange operations. 1st Ed. Rio de Janeiro: Editora FGV, 2013, p. 165 and 168.
[3] Novaes, Luiz Felipe Salgueiro. Execution of export change contract. Rio de Janeiro: PUC, 2009, p. 19 and 21.
[4] Pacheco, José da Silva. Of the exchange agreement as an executive title. COAD, Weekly informative 16/99 - Dynamic advocacy, p. 246-247.