Recuperação judicial de empresas à luz da lei nº 11.101/05

Abstract

This monograph, accomplished from legislative and doctrinal research, aims to examine the institute of judicial recovery of companies, included in the Brazilian legal system by Law No. 11.101/05. This institute aims at the uplift of the entrepreneur or business company in an economic, financial and property crisis, to allow the maintenance of production sources, the employment of workers, view of the interests of creditors, thereby promoting the preservation of the company, its social function and stimulating economic activity. We began our study by the historical events that contributed to the establishment of the institute judicial recovery, enjoying the legal nature of the figure, its guiding principles and the purposes listed by Bankruptcy Law that the judicial recovery intends to chase. Later, we examined the process of juridical recovery, checking who are legitimated to the propose juridical recovery, in which the applicable appeals process as well as the effects which the granting of its processing. We treat also the means to overcome the crisis, the plan of reorganization, the organs present in the recovering process as well as the duration of the juridical recovery and closure. We also observed the hypotheses of change of civil status the juridical recovery of the company in bankruptcy. Finally, our work turned to the presentation of our conclusions about the figure of judicial recovery of companies.