A prisão preventiva prevista na lei de falências e recuperação de empresas

Abstract

The law of bankruptcies and recovery of companies (law 11.101/05), aiming at the defense of the economic order, foresees some behaviors carried through for a company described as crime. Thus, the entrepreneur who to practice some of those behaviors will be made responsible criminally by its acts. In addition, it also foresees the law the possibility of decrement of the preventive custody of the debtor when declared the bankruptcy or the judicial recovery of the company. Such arrest appears as half of defense of the public or economic order, the correct application of the criminal law and as a pledge of the criminal instruction, not having confusing it with the decurrently arrest of the penalty. In this work, we look for to study the institute of the preventive custody defined in such law, analyzing relevant aspects in area to bankrupt and procedural criminal. We will argue the ability for the order the preventive custody, approaching the possibility of the civil judgment of the bankruptcy to decree the preventive custody. Later we will study the necessity or not of petition so that she is intentionally such arrest. After that we will weave commentaries about the obligatoriness or not of instauration of the criminal persecution so that it has the action for a provisional remedy decree. Continued, we will say on the old capture and the relation between the criminal benefits and the necessity of preventive custody. Finally we will show the correct procedures to be followed so that the preventive custody is in accordance with the local law.